June 21, 2010
EDWARD J. SIMMONS AND CHRISTINA SIMMONS, PLAINTIFFS-RESPONDENTS/ CROSS-APPELLANTS,
RAMSLAND ENTERPRISES, INC., SALVATORE ESPOSITO, GOLDEN BAGEL SHOPS, AND MARCELLIS WARNER CORP., DEFENDANTS, AND KEMPER CONSTRUCTION COMPANY, INC.,*FN1 DEFENDANT-APPELLANT/CROSS-RESPONDENT.
On appeal from Superior Court Of New Jersey, Law Division, Ocean County, Docket No. L-3334-04.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued February 3, 2010
Before Judges Axelrad, Fisher and Espinosa.
Having been advised that the appeal in this matter has been withdrawn, the appeal is hereby dismissed with prejudice and without costs.