Harry Lowenkron Et Al. v. Berkeley Cooperative Towers Sec. 11 Corp. Et Al‪.‬

The decretal provisions thus struck out are improper in that, inter alia : (1) they are not in conformity with the court's opinion, but are based on statements in an affidavit (submitted by defendants with their proposed order) concerning matters alleged to have occurred after the opinion was rendered (Matter of Ayman v. Teachers' Retirement Bd., 19 Misc. 2d 374, affd. 10 A.D.2d 835, mod. on other grounds 9 N.Y.2d 119; 1 Carmody-Wait, New York Practice, Orders, § 98, p. 699); (2) they grant to defendants affirmative relief though the latter made no cross motion therefor (CPLR 2215; cf., Helfand v. Massachusetts