On the eve of trial respondent moved for summary judgment on his counterclaims for willful overcharge. On the trial date respondent by stipulation (dated Jan. 28, 1991) agreed that it waived petitioner's prima facie case except as it relates to respondent's claim for rent overcharge.
Petitioner claims and respondent does not dispute that respondent paid partial rent in August 1990 and has not paid any rent for September 1990...
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