Sutton Fifty-Six Co. v. Garrison

— Order, Appellate Term, First Department, entered on January 20, 1982, which affirmed the order of the Civil Court, New York County (Wright, J.), dated June 17, 1981, which struck the first and second affirmative defenses and counterclaims, is unanimously modified, on the law and in the exercise of discretion, to reinstate the second affirmative defense and counterclaim, and is otherwise affirmed, without costs. These are seven unconsolidated nonpayment summary proceedings. Landlord’s predecessor in title, in constructing the building at 345 East 56th Street, erected the exterior northerly…