COX v. J.D. REALTY ASSOCS.


217 A.D.2d 179 (1995)

637 N.Y.S.2d 27

Giulia Cox et al., Respondents, v. J.D. Realty Associates, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 19, 1995


Attorney(s) appearing for the Case

Amy Borress Glass of counsel (Andrea J. Pincus on the brief; Anderson Kill Olick & Oshinsky, P. C., attorneys), for respondents.

Jeffrey R. Metz of counsel (Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., attorneys), for appellant.

ROSENBERGER, J. P., WALLACH, KUPFERMAN and MAZZARELLI, JJ., concur.


RUBIN, J.

This action is no more than an attempt to keep a landlord-tenant dispute from being heard in Civil Court, the forum explicitly designated to entertain such proceedings (NY Const, art VI, § 15 [b]; CCA 204; see also, CCA 110). Plaintiffs have advanced no basis for injunctive and declaratory relief, their motion for summary judgment is premature and defendant landlord has not been afforded...

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