Opinion
No. CA 08-01750.
October 9, 2009.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered April 4, 2008 in an action for breach of fiduciary duty. The order, inter alia, denied the motion of defendant Andrew Donovan to compel disclosure.
DAMON MOREY LLP, BUFFALO (JAMES W. GORMLEY OF COUNSEL), FOR DEFENDANT-APPELLANT.
MOSEY PERSICO, LLP, BUFFALO (JENNIFER C. PERSICO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Hurlbutt, J.P., Martoche, Centra, Green and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Juda v Solazzo ( 66 AD3d 1528).