Appellate Division of the Supreme Court of New York, 2023

MacAllister v. MSM, Inc.

MacAllister v. MSM, Inc.
Appellate Division of the Supreme Court of New York · Decided June 30, 2023
2023 NY Slip Op 03631
MacAllister v. MSM, Inc.

Opinion

MacAllister v MSM, Inc. (2023 NY Slip Op 03631)
MacAllister v MSM, Inc.
2023 NY Slip Op 03631
Decided on June 30, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 30, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., BANNISTER, MONTOUR, AND GREENWOOD, JJ.

489 CA 22-01772

[*1]THOMAS G. MACALLISTER, DERIVATIVELY AS A MEMBER AND MANAGER OF MIRROR SHOW PROPERTIES, LLC, PLAINTIFF-RESPONDENT,

v

MSM, INC., AND DONNA SHULTZ, DEFENDANTS-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.

Entered: June 30, 2023

Ann Dillon Flynn

Clerk of the Court



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