Phoenix Mechanical Corp. v. London

OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, without costs.

Plaintiff commenced this action in the Justice Court to recover the sum of $2,939.34 for services rendered and equipment supplied in connection with the installation of heating, ventilation, and air conditioning at defendants’ residence. Defendants interposed a counterclaim to recover the sum of $50,000, alleging that plaintiffs work was shoddy and substandard. Almost two years after they had served their counterclaim, defendants moved, pursuant to CPLR 3217 (b), to discontinue their counterclaim without…