V. Groppa Pools, Inc. v. Massello

In an action to recover damages for misappropriation of proprietary information and slander, the defendants Frank Massello, Jr., and Absolute Pools & Spa, Inc., appeal from an order of the Supreme Court, Westchester County (Tolbert, J.), dated *724March 15, 2012, which granted the plaintiffs’ motion pursuant to CPLR 3211 (a) (7) to dismiss their counterclaims.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiffs’ motion which was to dismiss the appellants’ third counterclaim, and substituting therefor a provision denying that…