Sal De Enterprises, Inc. v. Stobar Realty, Inc.

In an action, inter alia, for a judgment declaring that the plaintiff is not in default under a lease, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated August 14, 1987, which denied its motion for a preliminary injunction enjoining the prosecution *181of a landlord-tenant nonpayment proceeding pending in the District Court, Suffolk County, and granted the defendant’s cross motion to dismiss the action.

Ordered that the order is affirmed, with costs.

This landlord-tenant dispute arose because the tenant refused to comply with a clause in the lease wherein…