Ordered that the order is modified by granting that branch of the plaintiff's motion which was to dismiss the defendant's third affirmative defense; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff was a month-to-month commercial tenant in a building owned by the defendant landlord. The tenant commenced this action against the landlord, alleging that the landlord trespassed upon his premises and wrongfully...
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