Per Curiam.
A motion for summary judgment pursuant to rule 113 is unavailable to the petitioner tenant in this summary proceeding. The statutory remedy may be utilized by a plaintiff or by a petitioner movant only if the cause of action falls within one of the nine subdivisions of the rule. (Feyh v. Brandtgen & Kluge, 283 App. Div. 807).
The final order in favor of the petitioner tenant should be reversed, with $10 costs to the appellant...
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