Smisloff v. Stott, 133 A.D.3d 1331 (N.Y. App. Div. 2015). · Go Syfert
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Smisloff v. Stott, 133 A.D.3d 1331 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
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Inasmuch as plaintiffs did not oppose the part of Moore's motion below which sought dismissal of the second cause of action against him, sounding in intentional infliction of emotional distress, plaintiffs' contentions on appeal with respect to that cause of action are not preserved for our review ( see Smisloff v Stott [appeal No. 2], 133 AD3d 1331, 1331-1332 [4th Dept 2015]; see generally Ciesinski v Town of Aurora , 202 AD2d 984 , 985 [4th Dept 1994]).
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James J. Smisloff
v.
David P. Stott, Jr., Appellants David P. Stott, Jr., Third-Party v. Gregg Smisloff, Third-Party Defendant-Respondent
Appeal No. 2.
Appellate Division of the Supreme Court of the State of New York.
Nov 20, 2015.
133 A.D.3d 1331
Cited by 1 opinion  |  Published

Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered August 14, 2014. The judgment awarded plaintiff money damages of $72,800, plus interest, costs and disbursements.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Defendants-third-party plaintiffs (defendants) appeal from a judgment that, inter alia, dismissed pursuant to CPLR 3211 (a) (7) their third-party “counter-claim[s] and cause [s] of action” (counterclaims) asserting tortious interference of contract and conversion. Inasmuch as defendants failed to oppose that part of plaintiff’s and third-party defendant’s motion seeking to dismiss those counterclaims, defendants’ contentions with respect thereto are not preserved for our[*1332] review (see Ladd v Hudson Val. Ambulance Serv., 142 AD2d 17, 21 [1988]; see generally Ciesinski v Town of Aurora, 202 AD2d 984, 985 [1994]). Present — Smith, J.P., Peradotto, Garni, Whalen and DeJoseph, JJ.