MAX v. ALP, INC.

Index No. 650618/19. Appeal No. 13930. Case No. 2020-03459.

195 A.D.3d 420 (2021)

144 N.Y.S.3d 576

2021 NY Slip Op 03413

Adam Max, on Behalf of Himself and Derivatively on Behalf of ALP, Inc., Appellant, v. ALP, Inc., et al., Respondents, et al., Defendant. Lawrence L. Flynn, Nonparty Respondent.

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

Decided June 1, 2021.


Attorney(s) appearing for the Case

Capetola & Divins, P.C., Williston Park ( Robert P. Johnson of counsel), for appellant.

Schlam Stone & Dolan LLP, New York ( Jeffrey M. Eilender of counsel), for respondents.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.


By order entered November 24, 2020 (2020 NY Slip Op 75224[U] [1st Dept 2020]), this Court granted the branch of petitioner-plaintiff's motion seeking review of the TRO pursuant to CPLR 5704 and held "upon such review, the request to vacate, limit or modify said orders is denied." The Court otherwise denied petitioner-plaintiff's motion, including his request for leave to appeal, to which...

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