GERALD LEBOVITS, J.
In this summary holdover proceeding to recover a rent-stabilized apartment, petitioner moves under RPAPL 745 for use and occupancy from August 1, 2003, to date, or $29,044.74, at the last legal rent of $491.86 a month. Respondents argue that because they have asserted a breach of the warranty of habitability, petitioner is not entitled to past or future use and occupancy. Petitioner's motion is granted to the extent explained below.
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