Cidis v. Net Realty Holding Trust

— In an action to recover damages for injury to property, the defendant appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated May 22, 1987, which denied its motion to dismiss the complaint and denied its request to interpose a counterclaim for indemnification.

Ordered that the order is modified, on the law, with costs, by deleting the provision thereof which denied that branch of the defendant’s motion which was for leave to interpose a *721counterclaim for indemnification and substituting therefor a provision granting that branch of the motion; as so modified, the order is…