Ordered that the motion is granted, the decision and order of this court dated July 25, 1988 is recalled and vacated, and the following decision and order is substituted therefor:
In a proceeding pursuant to CPLR article 78 converted into an action for judgment declaring that 9 NYCRR 2522.4 (a) in its entirety and so much of 9 NYCRR 2524.3 (b) as reads: "the tenant engages in a course of conduct, the primary purpose of which is intended to harass the owner or other...
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