Jacobowitz v. Leak
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*454In an action for specific performance of a contract for the sale of real property, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated May 14, 2004, as (1) denied his motion for summary judgment and to strike the two affirmative defenses interposed in the defendant’s answer, and (2) granted that branch of the defendant’s cross motion which was for leave to amend his answer to assert an additional affirmative defense.
Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of…
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