Aquebogue Assoc. v. Young Young

Full title: AQUEBOGUE ASSOCIATES et al., Appellants, v. YOUNG YOUNG et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 1997

243 A.D.2d 519 (N.Y. App. Div. 1997)

663 N.Y.S.2d 1000

Opinion

October 14, 1997

Appeal from the Supreme Court, Suffolk County (Oshrin, J.).

Ordered that the order is reversed, without costs or disbursements, and the defendants' motion is denied.

The plaintiffs in this action were improperly named counterclaim plaintiffs in a prior related action. In that prior action, the Supreme Court, by order dated December 28, 1995, held that "[i]n the event that the nonparty counter claim plaintiffs properly commence suit on the counter claims against Young Young, then such action on the counter claims may go forward". The defendants in this action moved to dismiss the plaintiffs' complaint on the ground that it did not "mirror" their counterclaims in the previous action. We find no basis for the Supreme Court to have limited the plaintiffs' complaint in the new action.

Mangano, P.J., Copertino, Joy, Florio and Luciano, JJ., concur.