Bernstein v. Freudman

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on February 27, 1991, which denied plaintiffs’ motion to dismiss defendants’ fifth affirmative defense alleging a failure to mitigate damages, and granted plaintiffs’ motion to strike interrogatories and defendants’ cross-motion to compel discovery to the extent of directing the parties to appear at a discovery conference before a special master authorized to make rulings and recommendations to the IAS court, unanimously affirmed, with costs.

*421Defendants now assert as an affirmative defense that plaintiffs failed to mitigate…