Ordered that the order is modified, on the law, by deleting the provision thereof which, upon searching the record, awarded summary judgment in favor of the defendant; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment, among other things, declaring that, upon this record, it cannot be determined if the apartment in question is subject to rent control.
The...
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