Toys "R" Us—NYTEX, Inc. v. Rosenshein Development Corp.

In an action to foreclose a mortgage, in which the defendants have counterclaimed asserting, inter alia, the right to an offset against the mortgage debt, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Burrows, J.), entered July 7, 1989, as granted those branches of the defendants’ motion which were for partial summary judgment as to liability against it with respect to the defendants’ second, third and fourth counterclaims, and which stayed the entry of judgment on its complaint pending a trial of damages on those counterclaims.

Ordered that the order…