JAMES J. SMISLOFF, PLAINTIFF–RESPONDENT, v. DAVID P. STOTT, JR., 1390 PITTSFORD–MENDON ROAD, LLC, AND NORTHCOAST WINDOW CLEANING LIMITED LIABILITY COMPANY, DEFENDANTS–APPELLANTS.
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