Permagile-Salmon, Ltd. v. Manshul Construction Corp.

Appellate Division of the Supreme Court of New York

Permagile-Salmon, Ltd. v. Manshul Construction Corp.

204 A.D.2d 296, 614 N.Y.S.2d 139, 1994 N.Y. App. Div. LEXIS 4584

Appellate Division of the Supreme Court of the State of New York·Decided May 2, 1994·Published·Cited by 2 cases

Opinion

—In an action to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Queens County (Lonschein, J.), entered March 6, 1992, which granted the plaintiffs motion to dismiss the defendants’ counterclaims pursuant to CPLR 3126 (3).

Ordered that the appeal is dismissed, with costs.

The defendants did not oppose, either orally or in writing, the plaintiffs motion to dismiss their counterclaims. Thus the order granting that motion is not appealable (see, Matter of Linda K., 151 AD2d 574; Glickman v Sami, 146 AD2d 671). Sullivan, J. P., O’Brien, Santucci and Hart, JJ., concur.

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—In an action to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Queens County (Lonschein, J.), entered March 6, 1992, which granted the plaintiffs motion to dismiss the defendants’ counterclaims pursuant to CPLR 3126 (3).

Ordered that the appeal is dismissed, with costs.

The defendants did not oppose, either orally or in writing, the plaintiffs motion to dismiss their counterclaims. Thus the order granting that motion is not appealable (see, Matter of Linda K., 151 AD2d 574; Glickman v Sami, 146 AD2d 671). Sullivan, J. P., O’Brien, Santucci and Hart, JJ., concur.

Permagile-Salmon, Ltd. v. Manshul Construction Corp., 204 A.D.2d 296, 614 N.Y.S.2d 139, 1994 N.Y. App. Div. LEXIS 4584 (N.Y. Ct. App. 1994).

Pincite

204 A.D.2d 296 (Permagile-Salmon, Ltd. v. Manshul Construction Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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