Ordered that the cross appeal is dismissed, for failure to perfect the same in accordance with the rules of this court (22 NYCRR 670.20 [d], [f]); and it is further,
Ordered that the resettled judgment is modified, as a matter of discretion, by adding to the fourteenth decretal paragraph thereof a provision that the plaintiff's exclusive occupancy and possession is without prejudice to an application by the defendant to terminate such exclusive occupancy in the event...
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