Farro v Schochet, 2021 NY Slip Op 00151 [190 AD3d 697]

January 13, 2021

Appellate Division, Second Department

[*1]

Menachem Farro, Appellant,

v

Zalman Schochet et al., Respondents.

Barton, LLP, New York, NY (Sheldon Eisenberger and T. Bryce Jones of counsel), for appellant.

Farrell Fritz, P.C., New York, NY (Peter A. Mahler and Franklin C. McRoberts of counsel), for respondents.

In an action, inter alia, to recover damages for breach of fiduciary duty and breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Sylvia G. Ash, J.), dated January 23, 2018. The order, insofar as appealed from, upon reargument, in effect, vacated a determination in an order of the same court dated October 12, 2017, denying the defendants’ motion to quash certain subpoenas, and thereupon granted that motion.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In light of our determination on the related appeal of Farro v Schochet (190 AD3d 689 [2021] [decided herewith]), we dismiss this appeal as academic. Mastro, A.P.J., Chambers, Brathwaite Nelson and Christopher, JJ., concur. [Prior Case History: 2018 NY Slip Op 30147(U).].