Obstfeld v. Thermo Niton Analyzers, LLC

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from so much of an order of the Supreme Court, Kings County (Demarest, J.), dated July 25, 2011, as granted those branches of the plaintiffs’ motion which were to strike the ninth affirmative defense and to dismiss the first counterclaim in the defendants’ answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action, inter alia, to recover damages for breach of contract. The defendants interposed numerous affirmative defenses and two counterclaims.…