Bythewood v. 333 East Broadway Owners Corp.

In an action to recover damages, inter alia, for breach of contract and fraud, the plaintiff appeals from an order of the Supreme Court, Nassau County (O’Brien, J.), entered January 21, 1992, which, in effect, denied his motion to dismiss the first and second counterclaims as abandoned for failure to submit a timely judgment upon an order granting that branch of the *605defendants’ cross motion which was for summary judgment on those counterclaims, and, in effect, granted the defendants’ cross motion for leave to submit an untimely judgment.

Ordered that the order is affirmed, with costs.

We agree…