| Matter of Borrelli v Thomas |
| 2023 NY Slip Op 02426 [216 AD3d 1434] |
| May 5, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 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.) |
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.
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 AD3d 1433 [4th Dept, May 5, 2023]). Present—Peradotto, J.P., Curran, Bannister and Montour, JJ.