Modica v. Zergebel

—In an action, inter alia, to enforce a restrictive covenant, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), entered February 28, 1989, as granted the defendants’ motion for summary judgment dismissing the first cause of action alleged in the complaint, and sua sponte, dismissed the remainder of the complaint on the ground of res judicata and the defendants cross-appeal, as limited by their brief, from so much of the same order, as inter alia, sua sponte, dismissed their counterclaims on the same ground.

Ordered…