*129In February 2000, Supreme Court granted the tenant’s motion to dismiss these causes of action on the ground that plaintiffs proffered lease differed materially from the terms of the recently introduced 1972 lease (viz., omitting the tenant’s right to use half of the cellar and to make unilateral alterations), and also granted the tenant leave to amend his answer to assert a counterclaim for retaliatory eviction. The tenant then moved for summary judgment on his counterclaims, citing harassment and breach of the covenant of quiet enjoyment. He also sought a declaration that his premises included the courtyard, the hallway from the lobby of the front building, half of the front building’s basement and the underground passageway, and an injunction requiring plaintiff to make all necessary alterations to the basement and amend the certificate of occupancy to conform with his use of that portion for sleeping purposes. Finally, the tenant demanded attorneys’ fees and sanctions. Plaintiff cross-moved for partial summary judgment dismissing the counterclaims for retaliatory eviction and punitive damages.