In 448 West 54th Street Corp v. Doig Marx, 5 Misc 3d 405 (NYC Civil Ct 2004) a landlord moved to strike a tenant's defense raising a preferential rent and the respondent moved for summary judgment. The original lease from 1992 provided for a preference during the "terms of tenant's occupancy." The preference continued through September 2003 when landlord offered a renewal without the preference based on the 2003 change of the Rent Stabilization Law. The Hon. Anthony J. Fiorella held that the express terms of the lease provided for the preference to last for the entire tenancy. The 2003 amendment was not meant to apply to that situation and the contract controlled. Summary judgment was granted in favor of the tenant.