Unanimously reversed, on the law, without costs and without disbursements, the motion granted, and upon such rehearing plaintiff's motion for summary judgment granted only to the extent of granting plaintiffs partial summary judgment in the sum of $2,300 for use and occupancy during the month of August, 1970, and directing dismissal of defendant's counterclaim, and otherwise denied.
Except to the extent indicated, we find sufficient triable issues raised in the papers...
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