Juda v. Solazzo

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 17, 2008 in actions for, inter alia, breach of fiduciary duty. The order, inter alia, denied that part of the cross motion of defendant Andrew Donovan to dismiss the complaint against him.

It is hereby ordered that said appeal from the order insofar as it concerned action No. 2 is unanimously dismissed and the order is otherwise affirmed without costs.

Memorandum: The defendant-appellant (defendant) in appeal Nos. 1 and 2 contends in appeal No. 1 that Supreme Court erred in granting the motion of the…