BORRELLI v. THOMAS

1189 CA 20-00664.

195 A.D.3d 1495 (2021)

145 N.Y.S.3d 448

2021 NY Slip Op 03783

Gloria Borrelli, as Executrix of the Estate of Daniel J. Thomas, Deceased, and Derivatively as a Shareholder of New York State Fence Co., Inc., Respondent, v. Tom Thomas, Individually and as a Director and Officer of New York State Fence Co., Inc., et al., Appellants. (Appeal No. 2.)

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

Decided June 11, 2021.


Attorney(s) appearing for the Case

ADAMS LECLAIR LLP, ROCHESTER ( ANTHONY J. ADAMS, JR. , OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PHILLIPS LYTLE LLP, ROCHESTER ( ALAN J. BOZER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Carni, J.P., Lindley, Curran, Winslow and DeJoseph, JJ.


It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 A.D.2d 985, 985 [4th...

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