Per Curiam.
In our opinion, a finding of actual eviction implicit in the decision of the trial court is unwarranted upon this record; nor may the tenants in the absence of actual removal from the premises, claim constructive eviction so as to defeat these nonpayment proceedings (see City of New York v. Pike Realty Corp., 247 N.Y. 245). However, whether or not the tenants are entitled to invoke the beneficial provisions of section 755 of the Real Property...
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