Gaucho v DLV Empire, LLC
Motion No: 2021-01457
Slip Opinion No: 2023 NY Slip Op 72084(U)
Decided on August 21, 2023
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

M290676

HTR/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2021-01457

Manuel Jesus Tene Gaucho, respondent-appellant,

v DLV Empire, LLC, appellant-respondent,

et al., respondent (and a third-party action).

(Index No. 502025/2014)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated December 28, 2020. Application by the appellant-respondent to withdraw its appeal. Application by the respondent-appellant to withdraw the cross-appeal insofar as taken against the appellant-respondent.

Upon the papers filed in support of the applications and the stipulation of the parties filed August 17, 2023, it is

ORDERED that the applications are granted and the appeal and the cross-appeal insofar as taken against the appellant-respondent are deemed withdrawn, without costs or disbursements.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court