Opinion
June 8, 2001.
(Appeal from Order and Judgment of Supreme Court, Monroe County, Siracuse, J. — Summary Judgment.)
PRESENT: GREEN, J.P., PINE, HURLBUTT, KEHOE AND BURNS, JJ.
Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:
Because defendant has abandoned his counterclaims on appeal, we modify the order and judgment by granting plaintiff's motion in part and dismissing the counterclaims.