MANUFACTURERS AND TRADERS TRUST COMPANY v. CLIENT SERVER DIRECT INC (2017)

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

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, Michael (Mick) Whipple, Third–Party Defendant–Respondent. (Appeal No. 1.)

1241

Decided: December 22, 2017

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, JJ.

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.

MEMORANDUM AND ORDER

Same memorandum as in Manufacturers & Traders Trust Co. v. Client Server Direct, Inc. ( [appeal No. 2] ––– A.D.3d ––––, ––– N.Y.S.3d –––– [Dec. 22, 2017] ).

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

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