Schiller v Guthrie
2013 NY Slip Op 00322 [102 AD3d 854]
January 23, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 27, 2013


Gerard M. Schiller et al., Appellants,
v
Debra S. Guthrie, Respondent.

—[*1] 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.

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, 102 AD3d 852 [2013] [decided herewith]), with costs. Mastro, J.P., Dickerson, Sgroi and Hinds-Radix, JJ., concur.