Appellate Division of the Supreme Court of the State of New York April 2, 1992 (Birnbaum v. Birnbaum)

Order, Supreme Court, New York County (William J. Davis, J.), entered September 7, 1990, which, inter alia, granted the motion of defendants Jay Birnbaum and llene Flaum for summary judgment dismissing the complaint and denied plaintiffs cross-motion to dismiss the defendants’ affirmative defenses, unanimously reversed insofar as appealed from, on the law and the facts without costs and