OPINION OF THE COURT
MEMORANDUM.
Order unanimously modified by providing that tenant's motion to dismiss is denied; that the branch of landlord's cross motion seeking summary judgment is denied; that the branch of landlord's cross motion seeking to dismiss tenant's defenses and counterclaims is granted only with respect to the first, second and third defenses, the second affirmative defense, and the first and second counterclaims; and that the matter is...
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