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MATTER OF BRADY v. BRADY

1254 CA 19-01847.

193 A.D.3d 1434 (2021)

143 N.Y.S.3d 282

2021 NY Slip Op 02705

In the Matter of Brandon M. Brady, Respondent, v. Myron O. Brady et al., Appellants. (Appeal No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 30, 2021.

Attorney(s) appearing for the Case

DIBBLE & MILLER, P.C., ROCHESTER ( CRAIG D. CHARTIER OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

BOND SCHOENECK & KING PLLC, ROCHESTER ( JOSEPH S. NACCA OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Smith, J.P., Peradotto, NeMoyer, Winslow and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner-plaintiff Brandon M. Brady (petitioner), individually and derivatively as a shareholder of Brady Farms, Inc., commenced an action based on, inter alia, allegations that respondents-defendants Myron O. Brady and Myron C. Brady (respondents) breached their respective fiduciary duties to defendant Brady Farms, Inc. (company). Soon thereafter, petitioner...

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