Perla v. Marine Midland Realty Corp.

In an action, inter alia, for specific performance of a contract, in which respondent has asserted a counterclaim against the plaintiffs, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County, dated July 29, 1977, as, upon reargument, denied plaintiffs’ motion to dismiss respondent’s counterclaim. Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and motion to dismiss respondent’s counterclaim granted. Respondent has counterclaimed against plaintiffs-appellants on theories of fraud, conspiracy and…