To summarize: Motion No. 193 of September 16,1982, is granted and the defendant is stayed during the pendency of the action from taking any steps to evict the plaintiff, and the running of the time under the notice to cure is meanwhile tolled, all on condition that plaintiff post an appropriate undertaking in an amount to be fixed on settlement of the order herein and on further condition that he pay current use and occupancy and any arrears at the latest rate set forth in the lease to be accepted by defendant without prejudice (a) to its claims that the premises are not an interim multiple dwelling and that the Loft Law does not apply, (b) to any other defense in this lawsuit and (c) to any claim for rent or use and occupancy in any greater amount. Should plaintiff violate this condition, defendant may move on two days’ notice to plaintiff to vacate the injunction. The plaintiff shall notice this case for trial within 30 days after service of the answer.
Motion No. 118 of October 12, 1982, is denied as academic in view of the amendment of the complaint and the disposition of the companion motions.
Motion No. 94 of November 8, 1982, is granted to the extent of dismissing the third, fourth and fifth causes of action of the amended verified complaint and otherwise denied. The complaint is severed accordingly. The defendant shall be afforded 20 days from the date of service of a copy of the order to be entered hereon with notice of entry within which to serve its answer to the remaining portions of the amended complaint.
The direction in my order to show cause dated October 26, 1982, that plaintiff pay use and occupancy is vacated.