Trustees of Freeholders & Commonalty v. Heilner

In an action, inter alia, for a judgment declaring that the plaintiff is vested with absolute and unencumbered title in fee to certain property, the defendant Anthony De Marco appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Gowan, J.), entered April 1, 1987, which, upon granting the plaintiff’s motion to dismiss his counterclaims for damages pursuant tó CPLR 3404 as abandoned, is in favor of the plaintiff and against him on those counterclaims.

Ordered that the order and judgment is reversed, on the law, with costs, and the motion to dismiss is denied.

This…