MENDON ROAD LLC THIRD PARTY PLAINTIFFS APPELLANTS v. APPEAL NO (2015)

Supreme Court, Appellate Division, Fourth Department.

MENDON ROAD, LLC, THIRD–PARTY PLAINTIFFS–APPELLANTS, v. GREGG SMISLOFF, THIRD–PARTY DEFENDANT–RESPONDENT. (APPEAL NO. 2.)

CA 14–02066

Decided: November 20, 2015

PRESENT: SMITH, J.P., PERADOTTO, CARNI, WHALEN, AND DEJOSEPH, JJ.

ELLIOTT STERN CALABRESE, LLP, ROCHESTER (DAVID S. STERN OF COUNSEL), FOR DEFENDANTS–APPELLANTS AND THIRD–PARTY PLAINTIFFS–APPELLANTS. LECLAIR KORONA GIORDANO COLE LLP, ROCHESTER (JEREMY M. SHER OF COUNSEL), FOR PLAINTIFF–RESPONDENT AND THIRD–PARTY DEFENDANT RESPONDENT.

MEMORANDUM AND ORDER

DAVID P. STOTT, JR., AND 1390 PITTSFORD

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Defendants-third-party plaintiffs (defendants) appeal from a judgment that, inter alia, dismissed pursuant to CPLR 3211(a)(7) their third-party “counter-claim[s] and cause[s] of action” (counterclaims) asserting tortious interference of contract and conversion. Inasmuch as defendants failed to oppose that part of plaintiff's and third-party defendant's motion seeking to dismiss those counterclaims, defendants' contentions with respect thereto are not preserved for our review (see Ladd v Hudson Val. Ambulance Serv., 142 A.D.2d 17, 21; see generally Ciesinski v. Town of Aurora, 202 A.D.2d 984, 985).

Frances E. Cafarell

Clerk of the Court

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