granted plaintiffs claim for rent increases for seven of the ten years for which sought, and which granted defendant Carl Johnes judgment against plaintiff in the amount of $7,835.02 on his counterclaim for breach of warranty of habitability and $37,020 on his counterclaims of abuse of process, retaliatory eviction, and intentional infliction of mental and emotional distress, and which awarded defendant Carl Johnes, as the prevailing party, judgment against plaintiff for the reasonable amount of attorney’s fees and referred that issue to a Special Referee to hear and report with recommendations, unanimously modified, on the law, to the extent of awarding plaintiff rent increases for all ten years claimed, dismissing the counterclaims for abuse of process, retaliatory eviction, and intentional infliction of mental and emotional distress and vacating judgment therefor, and vacating the award of attorney’s fees, and remanding the matter to Supreme Court for determination of the amount of rent arrears and, except as so modified, affirmed, without costs. Appeal from order, same court and Justice, *353