Opinion
1241 CA 17–00141
12-22-2017
MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff, v. CLIENT SERVER DIRECT, INC., et al., Defendants. Client Server Direct, Inc., ACN Properties, LLC, Jeffrey T. Drilling, Holly Drilling and Leap Analytix, LLC, Third–Party Plaintiffs–Appellants, v. M & T Bank Corporation, et al., Third–Party Defendants, and Michael (Mick) Whipple, Third–Party Defendant–Respondent. (Appeal No. 1.)
PARLATO LAW, WILLIAMSVILLE, CHAITMAN LLP, NEW YORK CITY (HELEN D. CHAITMAN OF COUNSEL), FOR THIRD–PARTY PLAINTIFFS–APPELLANTS. PERSONIUS MELBER LLP, BUFFALO (RODNEY O. PERSONIUS OF COUNSEL), FOR THIRD–PARTY DEFENDANT–RESPONDENT.
PARLATO LAW, WILLIAMSVILLE, CHAITMAN LLP, NEW YORK CITY (HELEN D. CHAITMAN OF COUNSEL), FOR THIRD–PARTY PLAINTIFFS–APPELLANTS.
PERSONIUS MELBER LLP, BUFFALO (RODNEY O. PERSONIUS OF COUNSEL), FOR THIRD–PARTY DEFENDANT–RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDERSame memorandum as in Manufacturers & Traders Trust Co. v. Client Server Direct, Inc. ( [appeal No. 2] 156 A.D.3d 1364, 68 N.Y.S.3d 280 [Dec. 22, 2017] ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.