Scott Cackett and Kateryna Bondaruk v Gladden Properties LLC Boston Properties Inc. Structure Tone Inc.

Motion No: M-231

Slip Opinion No: 2020 NYSlipOp 62477(U)

Decided on February 6, 2020

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

February 6, 2020

Scott Cackett and Kateryna Bondaruk,

Plaintiffs-Respondents-Appellants,

v

Gladden Properties, LLC, Boston Properties,

Inc., Structure Tone, Inc.,

Kaye Scholer, LLP and KD Electric, Inc.,

Defendants-Appellants-Respondents.

Forest Electric Corp., et al.,

Defendants-Respondents.

Gladden Properties, LLC, Boston Properties,

Inc. and Structure Tone, Inc., Third-Party Plaintiffs-Appellants, v

Port Morris Tile & Marble Corporation

and Weinstein & Holtzman, Third-Party Defendants-Respondents.

------------------------------------------X

Gladden Properties, LLC, Boston Properties,

Inc. and Structure Tone, Inc., Second Third-Party Plaintiffs- Appellants, v

KD Electric, Inc., Second Third-Party Defendant Respondent.

------------------------------------------X Appeals and a cross appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on

or about January 8, 2019, and defendants/third-party plaintiffs/second third-party plaintiffs-appellants, Gladden

Properties, LLC, Boston Properties, Inc. and Structure Tone, Inc., and Kaye Scholer, having moved for an order granting a stay of trial pending the hearing and determination of their appeal, Now, upon reading and filing the correspondence from counsel for the moving parties, dated January 14, 2020, and due deliberation having been had thereon,It is ordered that the within motion for a stay of trial is withdrawn in accordance with the aforesaid correspondence. ENTERED: February 6, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice,David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices

M-231

Index No. 157267/14