ky (102 Misc 2d 478, affd 76 AD2d 807). If defendant at bar is correct on the merits, its building is not a multiple dwelling and its summary proceeding would not be barred by sections 302 and 325 of the Multiple Dwelling Law. The foregoing indicates that defendant’s constitutional attack on the Loft Law is both theoretical and premature.
There is really no occasion in this case to review the constitutionality of the Loft Law. The helplessness defendant feels emanates not from that legislation at all. Rather, defendant at bar is actually complaining about the manner in which equity adjusts the interests of the parties to these controversies. On the one hand we are taught by Corris v 129 Front Co. (85 AD2d 176, supra) that a landlord may not resort to a mandatory injunction to compel payment of rent or use and occupancy. On the other hand, a landlord’s interest may be protected by conditioning injunctive relief in favor of tenants upon their payment of rent. (Corris v 129 Front Co., supra [where tenants asked to enjoin diminution of services].) An additional condition can preserve a landlord’s legitimate legal position; provision can be made that acceptance of rent is without prejudice to that position. This will satisfy defendant’s qualms of helplessness and render inapposite any questions of the constitutionality of the Loft Law.
Obviously, the court has found sufficient the heart of the amended complaint. Therefore, the branch of defendant’s motion addressed to the second cause of action is denied.
INJUNCTIVE RELIEF