Opinion
2018–05512 Index No. 603171/16
06-19-2019
Jonathon Kirk BAUGHER, etc., Appellant, v. CULLEN AND DYKMAN, LLP, Respondent.
Joshua L. Seifert PLLC, New York, NY, for appellant. L'Abbate, Balkan, Colavita & Contini, LLP, Garden City, N.Y. (Marian C. Rice of counsel), for respondent.
Joshua L. Seifert PLLC, New York, NY, for appellant.
L'Abbate, Balkan, Colavita & Contini, LLP, Garden City, N.Y. (Marian C. Rice of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., RUTH C. BALKIN, ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, JJ.
DECISION & ORDER
In an action to recover damages for breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Nassau County (Jerome C. Murphy, J.), entered March 30, 2018. The order denied the plaintiff's motion for leave to renew his opposition to that branch of the defendant's motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action.
ORDERED that the appeal is dismissed, without costs or disbursements. The appeal is dismissed as academic in light of our determination on the companion appeals (see Baugher v. Cullen and Dykman, LLP, 173 A.D.3d 959, 103 N.Y.S.3d 136, 2019 WL 2519020 [Appellate Division Docket Nos.2016–12393; decided herewith] ).
SCHEINKMAN, P.J., BALKIN, MILLER and HINDS–RADIX, JJ., concur.