1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 216 A.D.3d
  5. 216 A.D.3d 1433 (2023)
 

MATTER OF BORRELLI v. THOMAS

249 CA 21-01393.

216 A.D.3d 1433 (2023)

189 N.Y.S.3d 839

2023 NY Slip Op 02425

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., Respondent, v. Tom Thomas, Individually and as Director and Officer of New York State Fence Co., Inc., et al., Appellants. (Appeal No. 1.).

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

Decided May 5, 2023.

Attorney(s) appearing for the Case

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

PHILLIPS LYTLE LLP, BUFFALO (TARA M. WARD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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

Appeal from a judgment of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered August 30, 2021. The judgment granted the motion of plaintiff to dismiss defendants' second affirmative defense.

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

Memorandum: Plaintiff, as the executor of the estate of Daniel J. Thomas (decedent) and derivatively as a shareholder of New York State Fence Co., Inc. (NYSFC), brought this action...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases