| Borrelli v Thomas |
| 2021 NY Slip Op 03783 [195 AD3d 1495] |
| June 11, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 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.) |
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.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered November 22, 2019. The order, inter alia, denied in part the motion of defendants to dismiss the amended complaint.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985, 985 [4th Dept 1990]). Present—Carni, J.P., Lindley, Curran, Winslow and DeJoseph, JJ.