Weichert v. O'Neill

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In this trespass action, Supreme Court properly denied that part of plaintiffs cross motion for partial summary judgment on the issue of liability against defendant Michael D. O’Neill. His alleged admissions in a letter dated August 21, 1995 are inconclusive on the issue of liability.

*1122The court erred, however, in failing to grant that part of plaintiffs cross motion pursuant to CPLR 3211 (d) to dismiss defendants’ first, third, fourth, seventh, eighth, ninth and 10th…