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BRECKER v. 295 CENTRAL PARK WEST, INC.

2432, 111744/08, 2433

71 A.D.3d 564 (2010)

898 N.Y.S.2d 23

MARK LEWIS BRECKER, Respondent, v. 295 CENTRAL PARK WEST, INC., et al., Appellants.

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

Decided March 25, 2010.

When no other action or proceeding is pending in Civil Court, a tenant may commence an action in Supreme Court seeking a declaration of succession rights to a rent-regulated apartment and related injunctive relief (see Shadick v 430 Realty Co., 250 A.D.2d 417 [1998]). However, Civil Court is the strongly preferred forum for resolving such landlord-tenant disputes (44-46 W. 65th Apt. Corp. v Stvan, 

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