Per Curiam.
Order entered February 16, 1996 reversed, with $10 costs, defendant's motion for summary judgment is denied, and the second affirmative defense is stricken.
Defendant, a residential tenant of apartment premises at 350 East 52nd Street, Manhattan, vacated the premises in September 1990, prior to the expiration of the lease on December 31, 1990. In this action for rent arrears, Civil Court
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