Opinion
534 CA 18–01917
08-22-2019
Lupco MANGOVSKI, Individually and in the Name & Right of TDK Operating Company, LLC, and Any of Its Wholly–Owned Subsidiaries, TDK–2 Operating Company, LLC, and Any of Its Wholly–Owned Subsidiaries, TDK–3 Operating Company, LLC, and Any of Its Wholly–Owned Subsidiaries, TDK–4 Operating Company, LLC, and Any of Its Wholly–Owned Subsidiaries, and on Behalf of All Other Members of These LLC 's Listed Similarly Situated, if Any, Plaintiff–Respondent, v. Stephen DIMARCO, Individually and as Trustee for the David Dimarco Family Trust, TDK Operating Company, LLC, TDK–2 Operating Company, LLC, TDK–3 Operating Company, LLC, TDK–4 Operating Company, LLC, TDK Operating Company of Oneida, LLC, TDK Property Company of Oneida, LLC, TDK Property Company, LLC, TDK–4 Property Company LLC, Defendants–Appellants, et al., Defendant. (Appeal No. 2.)
COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (ELIZABETH A. HOFFMAN OF COUNSEL), FOR DEFENDANTS–APPELLANTS. BARCLAY DAMON, LLP, SYRACUSE (JON P. DEVENDORF OF COUNSEL), FOR PLAINTIFF–RESPONDENT.
COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (ELIZABETH A. HOFFMAN OF COUNSEL), FOR DEFENDANTS–APPELLANTS.
BARCLAY DAMON, LLP, SYRACUSE (JON P. DEVENDORF OF COUNSEL), FOR PLAINTIFF–RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same memorandum as in Mangovski v. DiMarco ( [appeal No. 1] ––– AD3d –––– [Aug. 22, 2019] [4th Dept 2019] ).