Appellate Division of the Supreme Court of the State of New York November 29, 2012 (Park Terrace Gardens, Inc. v. Penkovsky)

— Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered April 9, 2012, which granted plaintiff’s cross motion for summary judgment on its cause of action for ejectment and struck defendants-appellants’ (defendants) answer and counterclaims, unanimously modified, on the law, to reinstate the answer and counterclaims, and otherwise affirmed, without costs.