Judgment and order insofar as appealed from unanimously reversed, with costs, and motion denied. Memorandum: In granting plaintiff's motion for summary judgment on the cause of action alleged in the complaint and allowing the counterclaims asserted in defendants' answer to remain, the court violated "the well established rule that it is improper to award summary judgment where there exists a meritorious counterclaim for an amount equal to or greater than that demanded in the complaint". ( Illinois McGraw Elec. Co. v. John J. Walters, Inc., 7 N.Y.2d 874, 876-877; see, also, Fort William Henry Corp. v. Lake George Inn, 27 A.D.2d 884; Obedin v. Tennyson Court, 23 A.D.2d 852; Hunting Supply Corp. v. Febrey, 22 A.D.2d 1010; Dietz v. Glynne, 221 App. Div. 329.) Plaintiff has not appealed from this determination and the finding that the counterclaims are meritorious is, therefore, the law of the case. The allegations of the counterclaim asserted by defendant, if established, would defeat plaintiff's right to recover on the cause of action alleged in the complaint, and the counterclaims are so inseparable from plaintiff's cause of action that entry of judgment should be withheld pending a plenary trial. (See Dalminter, Inc. v. Dalmine, S.p.A., 29 A.D.2d 852, affd. 23 N.Y.2d 653; Pease Elliman v. 926 Park Ave. Corp., 23 A.D.2d 361, affd. 17 N.Y.2d 890.)