Ordered that the order is modified, on the law, by deleting the words "to the extent of dismissing the complaint" and "and is therefore entitled to dismissal of the complaint" from the decretal paragraph thereof; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant, the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment declaring that the plaintiff is not entitled to charge the defendant a vacancy...
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