Lopez v. No Kit Realty Corp.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered March 26, 1998, which, to the extent appealed from as limited by plaintiffs-appellants’ brief, denied plaintiffs’ motion (1) for summary judgment on the issue of defendants’ liability; (2) to strike an affirmative defense and counterclaim; and (3) to add Simon Haberman as a defendant, unanimously modified, on the law, to strike defendants’ fourth affirmative defense insofar as it is directed to plaintiff Alex Lopez, and to add Simon Haberman as a defendant, and otherwise affirmed, without costs.

We modify as indicated because…