| MacAllister v MSM, Inc. |
| 2023 NY Slip Op 03631 [217 AD3d 1563] |
| June 30, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Thomas G. MacAllister, Derivatively as a Member and
Manager of Mirror Show Properties, LLC, Respondent, v MSM, Inc., et al., Appellants. (Appeal No. 1.) |
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.
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 stipulation. Present—Peradotto, J.P., Bannister, Montour and Greenwood, JJ.