Subgar Realty Corp. v. Gother Lumber & Millwork, Inc.

Order, Supreme Court, New York County, entered October 14, 1980, granting plaintiffs’ motion to dismiss certain of defendants’ affirmative defenses and counterclaims, is modified, on the law and the facts, and in the exercise of discretion; plaintiffs’ motion to dismiss the affirmative defenses and counterclaims is denied in toto; plaintiffs’ motion to discontinue the action in the Supreme Court is denied; the first three decretal paragraphs of the order appealed from are stricken; and the order is otherwise affirmed, without costs. Plaintiffs moved to dismiss the counterclaims and…