Opinion
06-03-2015
PFT TECHNOLOGY, LLC, plaintiff/counterclaim defendant-respondent, v. Robert WIESER, defendant/counterclaim plaintiff-appellant, et al., additional counterclaim-defendants.
Dorsey & Whitney LLP, New York, N.Y. (Christopher G. Karagheuzoff and Daniel P. Goldberger of counsel), for defendant/counterclaim plaintiff-appellant. McCarter & English, LLP, New York, N.Y. (Joseph R. Scholz of counsel; William D. Wallach on the brief), for plaintiff/counterclaim defendant-respondent.
Dorsey & Whitney LLP, New York, N.Y. (Christopher G. Karagheuzoff and Daniel P. Goldberger of counsel), for defendant/counterclaim plaintiff-appellant.
McCarter & English, LLP, New York, N.Y. (Joseph R. Scholz of counsel; William D. Wallach on the brief), for plaintiff/counterclaim defendant-respondent.
Opinion
In an action, inter alia, to recover damages for breach of fiduciary duty and for the judicial dissolution of the subject limited liability company, the defendant/counterclaim-plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated July 1, 2013, as denied his motion for summary judgment on the fourth counterclaim for reimbursement and advancement of legal expenses.
ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of a subsequent order of the Supreme Court, Nassau County, dated February 20, 2014, made upon renewal, and this Court's determination of the appeal and cross appeal therefrom (see PFT Technology, LLC v. Wieser, 129 A.D.3d 689, 10 N.Y.S.3d 548, 2015 WL 3478164 [Appellate Division Docket No. 2014–03948; decided herewith] ).
RIVERA, J.P., DICKERSON, COHEN and BARROS, JJ., concur.