Barbieri v. Miles

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered December 19, 2014. The order granted the motion of plaintiff for leave to renew his motion for summary judgment dismissing defendant’s counterclaims and, upon renewal, granted the motion for summary judgment and dismissed the counterclaims.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the counterclaims are reinstated.

Memorandum: Defendant appeals from an order that granted plaintiff’s motion for leave to renew his prior…