Ley v. Innis

— Order, Supreme Court, New York County (Jac*367queline W. Silbermann, J.), entered on or about October 18, 1988, which inter alia, denied plaintiffs’ motion for summary judgment and, sua sponte, granted defendant Dennison 60 days to amend her answer to plead estoppel as a counterclaim, unanimously modified, on the law, to grant plaintiffs’ motion with respect to the first cause of action seeking immediate possession of the premises, to vacate the provision permitting amendment of the answer to assert a counterclaim in estoppel and, except as thus modified, affirmed, without costs or…