Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiffs' motion which was to dismiss the appellants' third counterclaim, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The underlying facts are described in our decision and order on a related appeal (see V. Groppa Pools, Inc. v Massello,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.