Opinion
Submitted February 9, 2000
March 23, 2000
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated March 2, 1999, which denied his motion to dismiss the defendant's counterclaims as barred by the Statute of Limitations.
Peter B. Gierer, Hauppauge, N.Y., for appellant.
McCarter English, New York, N.Y. (Richard P. O'Leary and Norby L. Foss of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the counterclaims are dismissed.
The defendant's original answer did not give notice of the transactions and occurrences which are the basis of the counterclaims asserted in the amended answer. Since the defendant's pleadings fail to satisfy the notice requirement of CPLR 203(f), the counterclaims for defamation and tortious interference with contractual relations should have been dismissed as barred by the Statute of Limitations (see, Padua v. Falow, 230 A.D.2d 834 ; Hager v. Hager, 177 A.D.2d 401 ; Bernstein v. Spatola, 122 A.D.2d 97 ; Shapiro v. Schoninger, 122 A.D.2d 38 ; see also, CPLR 215[3]; CPLR 214[4]; Marine Midland Bank v. Renck, 208 A.D.2d 688 ).
BRACKEN, J.P., JOY, GOLDSTEIN, and FEUERSTEIN, JJ., concur.