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MATTER OF BORRELLI v. THOMAS

250 CA 22-00550.

216 A.D.3d 1434 (2023)

186 N.Y.S.3d 877

2023 NY Slip Op 02426

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

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

Decided May 5, 2023.

Attorney(s) appearing for the Case

PHILLIPS LYTLE LLP, ROCHESTER ( TARA M. WARD OF COUNSEL), FOR PLAINTIFF-APPELLANT.

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

Present— Peradotto, J.P., Curran, Bannister and Montour, JJ.

Appeal from a judgment of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered March 28, 2022. The judgment dismissed the amended complaint.

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

Same memorandum as in Matter of Borrelli v Thomas ([appeal No. 1] 216 A.D.3d 1433 [4th Dept,...

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