ALP v. Lawrence Moskowitz et al., Defendants, Adam Max, Defendant–Appellant. (2021)

Supreme Court, Appellate Division, First Department, New York.

ALP, Inc., et al., Plaintiffs–Respondents, v. Lawrence Moskowitz et al., Defendants, Adam Max, Defendant–Appellant.

1398 6

Decided: June 01, 2021

Kern, J.P., Moulton, González, Scarpulla, JJ.

Lawrence L. Flynn, etc., Nonparty Respondent. Index No. 652326/19 Case No.2020–03458 Capetola & Divins, P.C., Williston Park (Robert P. Johnson of counsel), for appellant. Schlam, Stone & Dolan LLP, New York (Jeffrey M. Eilender of counsel), for respondents.

Appeal from order, Supreme Court, New York County (Nancy M. Bannon, J.), entered May 28, 2020, which, to the extent appealed from as limited by the briefs, granted plaintiffs' request for a temporary restraining order preventing a shareholder's meeting from occurring, unanimously dismissed, without costs.

By order entered November 24, 2020 (2020 N.Y. Slip Op 75224[U] [1st Dept 2020] ), this Court granted the branch of defendant Adam Max's motion seeking review of the TRO pursuant to CPLR 5704 and held “upon such review, the request to vacate, limit or modify said orders is denied.” The Court otherwise denied defendant's motion,

including his request for leave to appeal, to which we adhere.

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