Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the defendant's motion which was for summary judgment determining that the defendant is not barred from asserting a counterclaim for any alleged breach of the lease extension due to the plaintiff's failure to construct a parking lot or patio based on the defendant's and its predecessor's acceptance of rent, and substituting therefor a provision granting that branch...
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