On September 1, 1982 defendant served a notice to cure requiring plaintiff by September 17, 1982, to discontinue his residential or joint living-working use of the demised premises. He promptly commenced this action seeking a declaration that defendant had waived any breach due to his joint residential and professional use and that he is entitled to the protection of the new Loft Law that added article 7-C to the Multiple Dwelling Law effective June 21, 1982 (the Loft Law). He claimed damages, punitive and compensatory, for harassment and for fraud and his ad damnum asked for attorney’s fees. On September 9, 1982, plaintiff secured an order to show cause containing a stay of efforts to enforce the notice to cure or to evict plaintiff. The stay has been continued pending determination of Motion No. 193 of September 16, 1982 by which plaintiff seeks an injunction pendente lite to like effect.
Before answering, defendant brought on Motion No. 118 of October 12, 1982, to dismiss the harassment and fraud causes of action for insufficiency and to strike the demand for attorney’s fees. Before that motion was submitted, plaintiff served as of right an amended complaint, verified October 6,1982. It made changes in the causes of action for damages for harassment and fraud, and it added a cause of action under section 234 of the Real Property Law on which to pin the claim for attorney’s fees.