Defendant's first affirmative defense claiming that plaintiff's acceptance of defendant's surrender of the premises estops plaintiff from seeking any rent payments should be dismissed since defendant's early departure from the premises is not unequivocally referable to an oral modification of the lease, which, by its terms, could only be modified in writing (see, General Obligations Law § 5-703 [1]; § 15-301 [1]; Riverside Research Inst. v KMGA, Inc.<...
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