Coviello v. Garofalo

In an action to foreclose a mortgage, the defendants Dennis J. Garofalo and Kathleen Garofalo appeal from an order of the Supreme Court, Orange County (Benson, J.), dated August 20, 1984, which, inter alia, granted the plaintiffs’ motion for summary judgment, struck their answer and dismissed each of their affirmative defenses and counterclaims.

Ordered that the order is modified, by deleting the provision thereof which granted that branch of the plaintiffs’ motion which was to strike the third counterclaim and substituting therefor a provision denying that branch of the motion, and as *658so…