Order, Supreme Court, New York County (Carol R. Edmead, J.), entered May 19, 2004, which granted plaintiffs motion for summary judgment on its first cause of action for rental arrears and set a hearing for attorneys’ fees, and dismissed defendant’s affirmative defenses of constructive eviction and its counterclaim for damages, unanimously affirmed, without costs. The conditions alleged by defendant are not what caused it to vacate the p…
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