Appellate Division of the Supreme Court of the State of New York February 8, 2000 (Tishman Construction Corp. v. City of New York)

—Order, Supreme Court, New York County (Louis York, J.), entered December 30, 1998, which, to the extent appealed from as limited by the brief, denied defendant’s cross motion for summary judgment and for leave to assert its proposed sixth through ninth defenses, set-offs and counterclaims, unanimously modified, on the law, the facts, and in the exercise of discretion, to grant defendant leave to