RODRIGUEZ v. 21 HERKIMER MANAGEMENT LLC (2024)

Supreme Court, Appellate Division, Second Department, New York.

William Rafael RODRIGUEZ, etc., appellant, v. 21 HERKIMER MANAGEMENT, LLC, respondent, et al., defendants.

2021–02169

Decided: July 31, 2024

ANGELA G. IANNACCI, J.P., JOSEPH J. MALTESE, HELEN VOUTSINAS, CARL J. LANDICINO, JJ.

William Rafael Rodriguez, Brooklyn, NY, appellant pro se. Ganfer, Shore, Leeds & Zauderer LLP, New York, NY (Mark A. Berman, Matthew N. Tobias, and Jason A. Ganfer of counsel), for respondent.

DECISION & ORDER

In an action, inter alia, to recover damages for breach of fiduciary duty and to impose a constructive trust, the plaintiff appeals from an order of the Supreme Court, Kings County (Richard Velasquez, J.), dated February 11, 2021. The order denied the plaintiff's motion for leave to amend the caption and to direct nonparties Citibank, N.A., and Capital One, N.A., to preserve certain documents.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed as academic in light of our determination on a related appeal (see Rodriguez v. 21 Herkimer Mgt., LLC, ––– AD3d –––– [Appellate Division Docket No. 2022–00235; decided herewith]).

IANNACCI, J.P., MALTESE, VOUTSINAS and LANDICINO, JJ., concur.

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