Opinion
July 3, 1997
Appeal from the Supreme Court, Chautauqua County, Ward, J.
Present — Pine, J. P., Lawton, Callahan, Doerr and Balio, JJ.
The court properly dismissed defendants' counterclaim seeking attorney's fees for the maintenance of a frivolous action. There is no such cause of action for that relief. Thus, we modify the judgment by denying plaintiffs' motion for summary judgment except insofar as it seeks dismissal of the counterclaim and by vacating the permanent injunction. (Appeal from Judgment of Supreme Court, Chautauqua County, Ward, J. — Summary Judgment.)