Baugher v Cullen & Dykman, LLP, 2019 NY Slip Op 04905 [173 AD3d 962]

June 19, 2019

Appellate Division, Second Department

[*1]

Jonathon Kirk Baugher, as Preliminary Executor of the Estate of Phebe Baugher, Deceased, Appellant,

v

Cullen and Dykman, LLP, Respondent.

Joshua L. Seifert PLLC, New York, NY, for appellant.

L’Abbate, Balkan, Colavita & Contini, LLP, Garden City, NY (Marian C. Rice of counsel), for respondent.

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 & Dykman, LLP , 173 AD3d 959 [2019] [decided herewith]). Scheinkman, P.J., Balkin, Miller and Hinds-Radix, JJ., concur..