Schiller v Guthrie

Schiller v Guthrie 2013 NY Slip Op 00322 Decided on January 23, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 23, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
SYLVIA HINDS-RADIX, JJ.
2012-04168
(Index No. 7709/11)

[*1]Gerard M. Schiller, et al., appellants,

v

Debra S. Guthrie, etc., respondent.




Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains,
N.Y. (Robert A. Spolzino and Julia E. Braun of counsel), for
appellants.
Krauss PLLC, White Plains, N.Y. (Geri S. Krauss of counsel),
for respondent.


DECISION & ORDER

In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiffs appeal from stated portions of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered December 13, 2011, which, among other things, denied that branch of their motion which was to compel the defendant to produce certain financial documents from certain time periods.

ORDERED that appeal is dismissed as academic in light of our determination on the companion appeal (see Schiller v Guthrie, _____ AD3d _____ [Appellate Division Docket No. 2012-02173; decided herewith]), with costs.
MASTRO, J.P., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court