Order unanimously affirmed with costs.
Memorandum:
Supreme Court properly granted plaintiff partial summary judgment dismissing defendants' affirmative defenses and counterclaims. Because plaintiff withdrew his proceeding for eviction before the Carbone defendants vacated the premises, the court properly dismissed the defense alleging that plaintiff elected his remedy by terminating the landlord-tenant relationship (see, 2 Rasch, New York Landlord and...
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