Wager v. Haberman

Plaintiffs’ motion for a stay of eviction and defendant’s motion to dismiss in this declaratory judgment action are considered together.

The action was commenced by plaintiffs, husband and wife, for a judgment declaring the rights of plaintiff, Sylvia L. Wager, under a lease executed by plaintiffs as tenants with defendant as landlord, for apartment 12S, 315 Central Park West, New York, New York. The original lease was for a term of three years commencing on April 1, 1965 and terminating March 31, 1968. Although no supporting documentation has been presented, plaintiffs assert the lease was…