Kosta v WDF, Inc.
Motion No: 2018-12948
Slip Opinion No: 2020 NY Slip Op 66598(U)
Decided on May 28, 2020
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M270583

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-12948

John Kosta, etc., plaintiff-respondent-appellant,

et al., plaintiffs, v WDF, Inc., defendant third-party

plaintiff-respondent-appellant, Serpentix Conveyor

Corporation, et al., defendants-respondents, Pro Safet

Services, LLC, defendant third third-party plaintiff-

appellant-respondent, Shaw Environmental &

Infrastructure Engineering of New York, P.C., et al.,

defendants second third-party plaintiffs-respondents,

Chu & Gassman Consulting Engineers, P.C., defend

second third-party defendant-respondent; New York

Department of Environmental Protection, third-party/

third third-party defendant-respondent; New York Ci

third third-party defendant-respondent.

(Index No. 31167/09)

DECISION & ORDER ON MOTION




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Appeal and cross appeals from an order of the Supreme Court, Kings County, dated September 10, 2018.

Upon the stipulation dated March 31, 2020, it is

ORDERED that the appeal by Pro Safety Services, LLC, is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the cross appeal by WDF, Inc., is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the cross appeal by the plaintiff John Kosta is deemed withdrawn, except insofar as taken against Serpentix Conveyor Corporation, without costs or disbursements.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court