In a complaint dated June 21, 1989, plaintiff seeks damages for breach of contract together with specific performance of a written agreement to vacate the premises dated January 28, 1988 and ejectment of the tenant and subtenants. Issue was joined by service of an answer and counterclaims by defendant Dayan dated July 26, 1989, and plaintiff served a reply dated August 15, 1989. Prior to service of the answer, plaintiff moved, by way of order to show cause dated June 29,...
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