The following e-filed documents, listed by NYSCEF document number (Motion 002) 14, 15, 16, 17, 18, 19, 20, 21, 22, 51, 52, 53, 97, 98, 117 were read on this motion to DISMISS. DECISION + ORDER ON MOTION Defendant Shapiro Legal Group, PLLC’s (“Defendant” or “Shapiro”) motion to dismiss Plaintiff Barons Media, LLC’s (“Plaintiff” or “Barons”) Complaint pursuant to CPLR 3211(a)(5) and (a)(7) is granted in part. Barons’ claim for a declaratory judgment is dismissed. The motion is denied with respect to Baron’s aiding and abetting breach of fiduciary duty claim without prejudice to renewal based on the result of the Florida Action. A. Background In 2021, Barons commenced a special proceeding (Index No. 152278/2021) to obtain discovery from Shapiro for use in a case pending in Florida state court against its former partners (the “MKB Partners”) in KMBR Media (“KMBR”) (Barons Media, LLC v. KMBR Media, et al., Case No. 2020-007200-CA-01 [Miami-Dade County Circuit Court] [the "Florida Action"]). In the Florida Action, Barons alleges that the MKB Partners breached their fiduciary duties by, among other things, wrongfully terminating KMBR, diverting payments from Barons, and misusing proprietary information created by Barons. Barons’ petition was granted in part (NYSCEF 19), and Barons was awarded partial reimbursement of its production expenses (Barons Media, LLC v. Shapiro Legal Group, PLLC, 2023 N.Y. Slip Op. 32469[U], [N.Y. Sup Ct, New York County 2023] [the "Special Proceeding"]). Plaintiff subsequently filed this plenary action asserting claims for aiding and abetting breach of fiduciary duty and a declaratory judgment. Barons’ Complaint (NYSCEF 1) alleges that Shapiro, “a middleman between advertisers who generate interest regarding potential mass tort cases and the actual law firms that represent the plaintiffs of those cases” (Cplt. 5), aided the MKB Partners’ breaches of fiduciary duty. Among other things, Barons alleges that Shapiro assisted the MKB Partners in creating a new entity to divert funds owed to Barons; restricted Barons’ access to and miscategorized financial information; and misappropriated confidential information created by Barons (Cplt.
20-83). Barons also asserts that Shapiro ran a parallel marketing scheme with two of the MKB Partners to divert business from KMBR and, therefore, Barons (Cplt.
