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UNITED TITLE AGENCY, LLC v. SURFSIDE-3 MARINA, INC.

65 A.D.3d 1134 (2009)

885 N.Y.S.2d 334

UNITED TITLE AGENCY, LLC, Appellant-Respondent, v. SURFSIDE-3 MARINA, INC., et al., Respondents-Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 15, 2009.

Ordered that on the Court's own motion, the plaintiff's notice of appeal from so much of the order, as amended, as deemed the defendants' answer amended to provide for a counterclaim for actual damages in the maximum amount of $160,000, is deemed a motion for leave to appeal, and leave to appeal is granted; and it is further,

Ordered that the cross appeal by the defendants from so much of the order, as amended, as was entered upon their consent is dismissed, without...

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