Ordered that the judgment is modified, on the law and the facts, by deleting the provisions thereof dismissing so much of the defendants' counterclaim as was to recover use and occupancy for the period beginning September 27, 1990, up to and including August 27, 2001, and severing so much of the defendants' counterclaim as was to recover use and occupancy accruing subsequent to August 27, 2001, and substituting therefor a provision in favor of the defendants on their counterclaim...
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