Fidelity & Columbia Trust Co. v. Levin

This is an action in which relief is asked by means of a declaratory judgment under section 473 of the Civil Practice Act. The nature of the controversy is the type most common in that form of action, to wit, to determine in advance of the expiration of a lease the respective rights and obligations of lessors and lessees.

Plaintiffs are the owners and defendant Gustav S. Levin the tenant, and defendant David Israel the subtenant, respectively, of a store property located on Main street in the city of Buffalo, *840N. Y. Judgment in this case will fix the rights of the parties and determine whether…