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 Specialists, P.C. (Syracuse Orthopedics), to dismiss defendant's counterclaim against him personally for breach of fiduciary duty. On May 14, 2002, Syracuse Orthopedics merged with University...
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