Smithtown Health Care Facility v. McCormack

In an action for an accounting, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated November 15, 2005, as denied his motion for summary judgment dismissing the complaint and granted that branch of the plaintiffs cross motion which was to dismiss the affirmative defense that he was not a proper party to the action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant’s submissions in support of his motion for summary judgment failed to demonstrate his entitlement to judgment as a matter…