In an action to recover rent overcharges, the defendant appeals, by permission, as limited by its brief, from so much of an order of the Appellate Term, Second and Eleventh Judicial Districts, dated April 29, 2005, as, in effect, modified an order of the Civil Court, Queens County (Butler, J.), entered March 31, 2004, by granting that branch of the plaintiffs motion which was for summary judgment dismissing the first affirmative defense to the extent that…
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