Opinion
January 27, 1987
Appeal from the Supreme Court, New York County (Helen Freedman, J.).
We agree with that part of the order and judgment appealed from, for the reasons set forth in Special Term's opinion, that granted defendants' motion for summary judgment dismissing the complaint and canceling a notice of pendency. However, Special Term erred in amending the proposed judgment to include a provision dismissing defendants' counterclaims, apparently having failed to appreciate that plaintiff had not moved for such a dismissal, defendants had no opportunity to address those issues, and that a previous motion by the plaintiff for that relief had been denied by another Judge.
Concur — Sandler, J.P., Sullivan, Ellerin and Wallach, JJ.