In Olton v. Hunter, NYLJ July 10, 2002 (Civ.NY), affirmed 3 Misc. 3d 133[A], 787 N.Y.S.2d 679, App.Term, 1st Dept. (slip opinion May 12, 2004), the tenant had won an overcharge award in the year 1999. The tenant deducted the overcharge from the rent in the lease and stopped paying, whereupon a non-payment eviction proceeding was commenced against the tenant, but was dismissed because no money was owed. The court held that the tenant was paid up through January 2003.