Oneida County Mobile Home Sales, Inc. v. Niagara Mohawk Power Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, with costs against plaintiffs to defendants Auer only, by reversing that portion of the order which affirmed the grant of summary judgment dismissing the counterclaim of Niagara Mohawk Power Corp. against plaintiffs and remitting the action to Supreme Court, Oneida County, for further proceedings in accordance with this memorandum. Since there is no appeal by plaintiffs to this court, we may not consider their request for affirmative relief.

While we express no opinion on the question of whether the…