JAS FAMILY TRUST APPELLANTSres, v. OCEANA HOLDING CORP. RESPONDENTS-ap

JAS FAMILY TRUST APPELLANTSres, v. OCEANA HOLDING CORP. RESPONDENTS-ap — (INDEX NO. 15675/09)In an action, inter alia, to recover damages for breach of fiduciary duty and for an accounting, the plaintiffs appeal (1) from an order of the Supreme Court, Kings County (Pfau, J.), dated September 22, 2011, which granted the defendants' motion to dismiss the amended complaint pursuant to CPLR 3211(a), and (2) from so much of an order of the same court dated May 10, 2012, as, upon reargument, adhered to the original determination in the order dated September 22, 2011, granting those branches of the defendants' motion which were pursuant to CPLR 3211(a) to dismiss the second through sixth causes of action insofar as asserted by the plaintiffs JAS Family Trust B and Marat Novikov, and the defendants cross-appeal from so much of the same order dated May 10, 2012, as, upon reargument, vacated the determination in the order dated September 22, 2011, granting that branch of their motion which was pursuant to CPLR 3211(a)(3) to dismiss the first cause of action insofar as asserted by the plaintiffs JAS Family Trust B and JAS Family Trust v. against the defendant Oceana Holding Corp., and thereupon denied that branch of their motion.

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JAS FAMILY TRUST APPELLANTSres, v. OCEANA HOLDING CORP. RESPONDENTS-ap — (INDEX NO. 15675/09)In an action, inter alia, to recover damages for breach of fiduciary duty and for an accounting, the plaintiffs appeal (1) from an order of the Supreme Court, Kings County (Pfau, J.), dated September 22, 2011, which granted the defendants’ motion to dismiss the amended complaint pursuant to CPLR 3211(a), and (2) from so much of an order of the same court dated May 10, 2012, as, upon reargument, adhered to the original determination in the order dated September 22, 2011, granting those branches of the defendants’ motion which were pursuant to CPLR 3211(a) to dismiss the second through sixth causes of action insofar as asserted by the plaintiffs JAS Family Trust B and Marat Novikov, and the defendants cross-appeal from so much of the same order dated May 10, 2012, as, upon reargument, vacated the determination in the order dated September 22, 2011, granting that branch of their motion which was pursuant to CPLR 3211(a)(3) to dismiss the first cause of action insofar as asserted by the plaintiffs JAS Family Trust B and JAS Family Trust v. against the defendant Oceana Holding Corp., and thereupon denied that branch of their motion.

ORDERED that the appeal from the order dated September 22, 2011, is dismissed, without costs or disbursements, as that order was superseded by the order dated May 10, 2012, made upon reargument; and it is further,

JAS FAMILY TRUST APPELLANTSres, v. OCEANA HOLDING CORP. RESPONDENTS-ap

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