Order unanimously affirmed without costs.
Memorandum:
Defendant Steven McOmber alleged two counterclaims against plaintiff and defendants B. Edward Tibbits and United Computer Capital Corporation (Computer). Supreme Court properly denied plaintiff's motion to dismiss those counterclaims against Tibbits and Computer pursuant to CPLR 3019 (d) (see, Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3019:6, at 212). We do not consider...
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