Blittner v. Filroben Associates

— Order, Supreme Court, New York County (David B. Saxe, J.), entered September 10, 1991, which denied plaintiffs’ motion for summary judgment dismissing defendant-respondent’s counterclaims, or, in the alternative, for vacatur of the stay of entry of an interlocutory judgment of foreclosure and sale, unanimously modified, on the law, the facts and in the exercise of discretion, to reverse that portion of the order which denied plaintiffs’ motion for vacatur of the stay, the stay vacated, the counterclaims severed, and the proceeds from any sale ordered held in escrow by the attorneys for…