Syracuse Orthopedic Specialists, P.C. v. Hootnick

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered December 22, 2003. The order granted the motion of counterclaim defendant to dismiss the counterclaim against him for breach of fiduciary duty and denied the cross motion of defendant David R. Hootnick, M.D. to compel discovery.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: David R. Hootnick, M.D. (defendant) appeals from an order that granted the motion of Michael Vella, the president of plaintiff Syracuse Orthopedic…