Opinion
11-20-2015
James J. SMISLOFF, Plaintiff–Respondent, v. David P. STOTT, Jr., 1390 Pittsford–Mendon Road, LLC, and Northcoast Window Cleaning Limited Liability Company, Defendants–Appellants. David P. Stott, Jr., and 1390 Pittsford Mendon Road, LLC, Third–Party Plaintiffs–Appellants, v. Gregg Smisloff, Third–Party Defendant–Respondent. (Appeal No. 2.).
Elliott Stern Calabrese, LLP, Rochester (David S. Stern of Counsel), for Defendants–Appellants and Third–Party Plaintiffs–Appellants. LeClair Korona Giordano Cole LLP, Rochester (Jeremy M. Sher of Counsel), for Plaintiff–Respondent and Third–Party Defendant Respondent.
Elliott Stern Calabrese, LLP, Rochester (David S. Stern of Counsel), for Defendants–Appellants and Third–Party Plaintiffs–Appellants.
LeClair Korona Giordano Cole LLP, Rochester (Jeremy M. Sher of Counsel), for Plaintiff–Respondent and Third–Party Defendant Respondent.
Opinion
MEMORANDUM:
Defendants-third-party plaintiffs (defendants) appeal from a judgment that, inter alia, dismissed pursuant to CPLR 3211(a)(7) their third-party “counter-claim[s] and cause[s] of action” (counterclaims) asserting tortious interference of contract and conversion. Inasmuch as defendants failed to oppose that part of plaintiff's and third-party defendant's motion seeking to dismiss those counterclaims, defendants' contentions with respect thereto are not preserved for our review (see Ladd v. Hudson Val. Ambulance Serv., 142 A.D.2d 17, 21, 534 N.Y.S.2d 816; see generally Ciesinski v. Town of Aurora, 202 A.D.2d 984, 985, 609 N.Y.S.2d 745).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
SMITH, J.P., PERADOTTO, CARNI, WHALEN, and DeJOSEPH, JJ., concur.