Gutman v. A to Z Holding Corp.

In an action, inter alia, to recover damages for breach of fiduciary duty and for an accounting, the defendant Zalman Klein appeals from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated December 7, 2012, as granted, in effect, that branch of the plaintiffs motion which was to vacate a judgment of the same court dated March 28, 2012, only to the extent that the judgment constituted a disposition on the merits of the counterclaims and was dispositive of the merits of a related action entitled Klein v Gutman, commenced under Kings County index No. 47485/01.

Ordered that…