Berger v. Malneut Realty Corp.

—Order and judgment (one paper), Supreme Court, New York County (Burton S. Sherman, J.), entered March 13, 1991, which granted the defendant’s motion for summary judgment, dismissing the complaint, granted judgment on the counterclaim, directed the Sheriff to remove the plaintiffs from the premises, and referred the issue of use and occupancy to a Referee to hear and determine for an assessment of money damages, is unanimously reversed, on *309the law, and on the facts, only to the extent appealed from, and the following language is deleted from the order and judgment: "ordered, that the issue of…