Per Curiam.
Order, entered September 23, 2013, modified by (1) granting landlord’s motion for summary judgment to the extent of dismissing respondents’ affirmative defense and counterclaim for breach of the warranty of habitability and their counterclaim for attorney’s fees incurred in a prior holdover proceeding commenced by landlord, (2) granting landlord’s motion for summary judgment on the nonpayment petition to the extent that tenant’s indebtedness for the rent arrears prayed for is deemed a fact established for all purposes in the proceeding pursuant to CPLR 3212 (g), and (3) remanding the matter to Civil Court for issuance of an appropriate rent deposit order pursuant to RPAPL 745 (2).