Board of Managers of 250 Bowery v 250 VE LLC VE Equities LLC et al.

Motion No: M-2294

Slip Opinion No: 2020 NYSlipOp 71362(U)

Decided on September 10, 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.

September 10, 2020

Board of Managers of 250 Bowery

Condominium,

Plaintiff-Respondent,

v

250 VE LLC, VE Equities LLC, et al.,

Defendants-Respondents,

Foundations Group, Inc.,

Defendant-Appellant.

Foundations Group, Inc., Third-Party Plaintiff-Appellant, v

Best Plumbing & Heating Inc., Allstate

Interiors, Inc., Supreme Flooring Inc.,

et al., Third-Party Defendants-Respondents.

---------------------------------------X An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about December 13, 2019,And defendant/third-party plaintiff-appellant having moved to vacate the dismissal of said appeal, and upon reinstatement, to withdraw the appeal without prejudice to renewing its arguments on a subsequent appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted, the dismissal vacated, the appeal reinstated, and upon reinstatement, the appeal is deemed withdrawn without prejudice. ENTERED: September 10, 2020

_____________________ CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding,Cynthia S. Kern Anil C. Singh Peter H. Moulton Lizbeth GonzÁlez, Justices

M-2294

Index No. 656608/16