Alber Investment Co. v. Chatsworth Realty Corp.

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered December 31, 1991, which denied plaintiff’s motion to dismiss the affirmative defenses of defendants Joseph Goldman and Chatsworth Realty, and granted defendants’ motion for leave to serve an amended answer setting forth additional affirmative defenses, unanimously affirmed, without costs.

Dismissal of defendants’ first affirmative defense was properly denied since it cannot be concluded as a matter of law that the order appointing Wolsky as receiver of Chatsworth Realty Corporation relieved Wolsky of the obligation of…