Butterick Publishing Co. v. Fulton & Elm Leasing Co.

Plaintiff brings this action to secure a declaratory judgment as to the rights of the parties in respect to subletting or assigning by lessee of a lease of certain store premises on Fulton street, borough of Brooklyn. The facts alleged in the plaintiff’s complaint bring this action clearly within section 473 of the Civil Practice Act, it being brought to secure a judgment declaring the “ rights and other legal relations ” of the parties to the instrument of lease, as was held on similar lease provisions by Mr. Justice Proskauer in the case of Sarner v. Kantor (123 Misc. 469). The complaint…