| Smisloff v Stott |
| 2015 NY Slip Op 08556 [133 AD3d 1331] |
| November 20, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| James J. Smisloff, Respondent, v David P. Stott, Jr., et al., Appellants. David P. Stott, Jr., et al., 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.
Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered August 14, 2014. The judgment awarded plaintiff money damages of $72,800, plus interest, costs and disbursements.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
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 AD2d 17, 21 [1988]; see generally Ciesinski v Town of Aurora, 202 AD2d 984, 985 [1994]). Present—Smith, J.P., Peradotto, Carni, Whalen and DeJoseph, JJ.