Mint Factors v. Goldman

In an action to foreclose a mortgage (1) defendant appeals from so much of an order of the Supreme Court, Nassau County, entered January 26, 1979, as dismissed her counterclaim for money damages and denied her cross motion for summary judgment and (2) plaintiff cross-appeals from so much of the same order as denied its motion for summary judgment and directed it to submit to an examination before trial. Order affirmed, without costs or disbursements. We agree with Special Term that a counterclaim may be dismissed pursuant to CPLR 3215 (subd [c]) where, as here, a reply was not timely…