Brook v. Zuckerman

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered October 18, 2016, which, to the extent appealed from, granted defendants’ motion to dismiss the breach of fiduciary duty, tortious interference, defamation, and unfair competition causes of action, unanimously affirmed, without costs.

The court providently exercised its discretion in dismissing the above-cited claims on the grounds of another action pending between the same parties (CPLR 3211 [a] [4]; see Whitney v Whitney, 57 NY2d 731 [1982]). Both this action and a prior action commenced by plaintiffs in 2012 arose out of…