The motion court erred in denying defendant's cross motion to dismiss the complaint and in, sua sponte, dismissing the complaint on the ground that this action was nothing more than a landlord-tenant dispute that should have been heard in Civil Court. Supreme Court was the appropriate forum for this declaratory judgment action because there was no summary proceeding pending in the Civil Court at the time the declaratory judgment action was commenced (see, Shadick...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.