Capital Stack LLC. v Raharney Capital LLC and Sean Murray .

Motion No: M-848

Slip Opinion No: 2020 NYSlipOp 64062(U)

Decided on March 5, 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.

March 5, 2020

Capital Stack, LLC.,

Plaintiff-Respondent-Appellant,

v

Raharney Capital, LLC and Sean Murray,

Defendants-Appellants-Respondents.

Sean Murray and Raharney Capital, LLC, Third Party Plaintiffs-Appellants- Respondents, v

Capital Stack, LLC, a New York limited

liability Company or Capital Stack, LLC,

a Nevada limited Liability Company, Third Party Defendant-Respondent- -Appellant,

David Rubin also known as David Rubinov

and Eprodigy Financial, LLC, Third Party Defendants-Respondents.

----------------------------------------X An appeal (M-847) and cross appeal (M-848) having been taken from an order of the Supreme Court, New York County, entered on or about December 27, 2018, Now, upon reading and filing the joint correspondence from counsel for the parties hereto, dated February 11, 2020, and due deliberation having been had thereon, It is ordered that the appeal and cross appeal are deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: March 5, 2020

_____________________ CLERK

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

M-848

M-847

Index No. 652807/15