Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the plaintiff's motion which was for an interim award for the defendants' use and occupancy of the premises, and substituting therefor a provision denying that branch of the motion without prejudice and with leave to renew at a nonpayment proceeding; as so modified, the order is affirmed, with costs to the defendants.
The plaintiff...
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