Paragon Cable Manhattan v. P & S 95th Street Associates

Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 22, 1996, insofar as it denied plaintiff’s motion to dismiss affirmative defenses without prejudice to renewal at trial, and granted defendants’ cross motion to amend their answer to assert a counterclaim, unanimously modified, on the law, to the extent of dismissing the affirmative defense of unclean hands and denying amendment of the answer and otherwise affirmed, with costs payable to plaintiff. Defendants’ appeal from that part of said order which granted plaintiff’s motion for partial summary judgment to enforce an…