Judgment modified, on the law, by deleting the second decretal paragraph thereof and substituting therefor the following: "Defendant's cross motion is granted to the extent that it is declared that the defendant has sufficient title, as plaintiff's landlord and lessor, to bring summary eviction proceedings in justice court." As so modified, judgment affirmed, with $50 costs and disbursements to the defendant.
Although Special Term's decision was on the merits, the...
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