| Atlantic Casualty Insurance Company v Eastern Fruit & Vegetables, Inc. |
| Motion No: 2019-10220 |
| Slip Opinion No: 2021 NY Slip Op 69045(U) |
| Decided on July 16, 2021 |
| 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. |
Appellate Division: Second Judicial Department
M278186
MB/
REINALDO E. RIVERA, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
DEBORAH A. DOWLING, JJ.
|
2019-10220 Atlantic Casualty Insurance Company, appellant, v Eastern Fruit & Vegetables, Inc., respondent. (Index No. 510798/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated July 2, 2019. Motion by the appellant for leave to withdraw the appeal, for an award of costs, and to impose a sanction upon counsel for the respondent.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the branches of the motion which are for an award of costs and to impose a sanction upon counsel for the respondent are denied.
RIVERA, J.P., BARROS, BRATHWAITE NELSON and DOWLING, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court