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MacALLISTER v. MSM, INC.

489 CA 22-01772.

217 A.D.3d 1563 (2023)

190 N.Y.S.3d 555

2023 NY Slip Op 03631

Thomas G. MacAllister, Derivatively as a Member and Manager of Mirror Show Properties, LLC, Respondent, v. MSM, Inc., et al., Appellants. (Appeal No. 1.).

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

WARD GREENBERG HELLER & REIDY LLP, ROCHESTER ( JOSHUA M. AGINS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

ADAMS LECLAIR LLP, ROCHESTER ( STEVEN E. COLE of counsel), FOR PLAINTIFF-RESPONDENT.

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

Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered May 16, 2022. The order, inter alia, granted in part the motion of plaintiff for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 30, 2023,

It is hereby ordered that said appeal is unanimously dismissed without costs upon...

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