Appellant shall recover of respondents $40 costs and disbursements of this appeal.
In the answer of the defendants herein defendant, Polyclinic, counterclaimed for nonpayment of rent for the period beginning May, 1972. Five months after plaintiff ceased paying rent and three months after it instituted this action, Polyclinic commenced a nonpayment summary proceeding in the Civil Court seeking relief similar to that sought by it in its counterclaim in this action....
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