McGUIRE v. McGUIRE

355 CA 20-01393.

197 A.D.3d 897 (2021)

153 N.Y.S.3d 280

2021 NY Slip Op 04816

Jeannie-Marie McGuire, Individually and Suing in the Right of McGuire Development Company, LLC, and Others, et al., Appellants, v. F. James McGuire, Individually and as General Manager of McGuire Development Company, LLC, and Others, Respondent, and McGuire Development Company, LLC, et al., Respondents. (Appeal No. 1.).

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

UNDERBERG & KESSLER LLP, ROCHESTER ( DAVID M. TANG OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

HARTER SECREST & EMERY LLP, BUFFALO ( JOHN G. HORN OF COUNSEL), FOR DEFENDANT-RESPONDENT F. JAMES McGUIRE, INDIVIDUALLY AND AS GENERAL.

Present—Whalen, P.J., Smith, Curran, Winslow and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of defendant F. James McGuire, reinstating the fifth and sixth causes of action, and vacating subdivision one of the ordering paragraph, and as modified the order is affirmed without costs.

Memorandum: This case centers on a dispute over ownership interests in defendant McGuire Development Company, LLC (MDC). MDC was formed in 2006 by F. James McGuire (defendant...

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