October 20, 2009
ARTS4ALL, LTD., ET AL., RESPONDENTS,
JUDITH L. HANCOCK, APPELLANT,
JUDITH L. HANCOCK, COUNTERCLAIM PLAINTIFF-APPELLANT,
DANIEL Y.C. NG, ET AL., ADDITIONAL DEFENDANTS ON COUNTERCLAIMS,
PETER OSGOOD, RESPONDENT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question not answered as unnecessary. The courts below did not abuse their discretion in dismissing defendant's counterclaims pursuant to CPLR 3126(3) (see Arts4All, Ltd. v Hancock, 12 NY3d 846 ). Defendant's remaining argument is without merit.
Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Chief Judge Lippman took no part.
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