Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment on so much of the first cause of action as sought to recover damages for unpaid rent and additional rent, on the issue of liability on the second cause of action, and dismissing the defendant's affirmative defenses and counterclaim are granted, the defendant's cross motion for leave to serve an amended answer asserting...
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