ARYEH GUTMAN, res-ap, v. A TO Z HOLDING CORP. res, ZALMAN KLEIN, APPELLANT-res

ARYEH GUTMAN, res-ap, v. A TO Z HOLDING CORP. res, ZALMAN KLEIN, APPELLANT-res — (INDEX NO. 50105/99)In an action, inter alia, to recover damages for breach of fiduciary duty and for an accounting, the defendant Zalman Klein appeals from (1) so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated March 28, 2012, as declined to declare the percentage of his interests in certain specified corporate entities and instead required him to prove, at a hearing, the percentage of his interests in those entities, and (2) so much of a judgment of the same court, also dated March 28, 2012, as, upon the order, failed to declare the percentage of his interests in the specified entities and instead referred the issue for a hearing, and the plaintiff cross-appeals, as limited by his brief, from (1) stated portions of the same order which, inter alia, denied that branch of his motion which was to dismiss the defendants' counterclaims as barred by the doctrine of res judicata, and (2) stated portions of the same judgment which, upon the order, and upon a decision and order of this Court dated January 17, 2012, inter alia, awarded the defendant Zalman Klein judgment on the defendants' counterclaims.

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ARYEH GUTMAN, res-ap, v. A TO Z HOLDING CORP. res, ZALMAN KLEIN, APPELLANT-res — (INDEX NO. 50105/99)In an action, inter alia, to recover damages for breach of fiduciary duty and for an accounting, the defendant Zalman Klein appeals from (1) so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated March 28, 2012, as declined to declare the percentage of his interests in certain specified corporate entities and instead required him to prove, at a hearing, the percentage of his interests in those entities, and (2) so much of a judgment of the same court, also dated March 28, 2012, as, upon the order, failed to declare the percentage of his interests in the specified entities and instead referred the issue for a hearing, and the plaintiff cross-appeals, as limited by his brief, from (1) stated portions of the same order which, inter alia, denied that branch of his motion which was to dismiss the defendants’ counterclaims as barred by the doctrine of res judicata, and (2) stated portions of the same judgment which, upon the order, and upon a decision and order of this Court dated January 17, 2012, inter alia, awarded the defendant Zalman Klein judgment on the defendants’ counterclaims.

ORDERED that the appeal and cross appeal from the order are dismissed, without costs or disbursements; and it is further,

ARYEH GUTMAN, res-ap, v. A TO Z HOLDING CORP. res, ZALMAN KLEIN, APPELLANT-res

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