OPINION OF THE COURT
MEMORANDUM.
Final judgment unanimously reversed without costs and matter remanded to the court below for an assessment of damages.
In this commercial nonpayment proceeding, the court awarded tenant a 25% abatement of the rent. On this appeal and cross appeal, landlord seeks to modify the judgment by striking the abatement, contending that there was no eviction of tenant and no proof of damages, and tenant seeks to modify the...
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