Summary judgment as to the first cause of action, alleging that defendant breached the governing sublease by abandoning the subleased premises, should have been granted. Neither the issuance of a warrant of eviction, stayed when plaintiff paid the money judgment, nor the 10-day notice demanding payment of "rent in the form of passalong charges," deprived defendant of the beneficial use and enjoyment of the premises. As such, defendant has not made out a defense based upon...
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