Per Curiam.
The trial court having found that the tenant was excluded from possession of the garage, there was an actual partial eviction which suspended the entire rent during the period of such exclusion (Fifth Ave. Bldg. Co. v. Kernochan. 221 N.Y. 370; Libby Props. v. Gross, 76 N.Y.S.2d 568). It was therefore error to make a final order in favor of the landlord.
The final order and judgment should be reversed, with $30 costs to tenant...
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