Bargil Associates, LLC v. Crites

In an action, inter alia, for a judgment declaring the parties’ respective rights under a certain contract dated August 8, 2007, the plaintiff appeals from an order of the Supreme Court, Nassau County (Winslow, J.), entered April 3, 2014, which denied its motion, inter alia, pursuant to CPLR 3211 (a) to dismiss the defendant’s counterclaims.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff’s motion which was pursuant to CPLR 3211 (a) to dismiss the defendant’s counterclaims, and substituting therefor a provision granting…