Subkoff v. Broadway-13th Associates

OPINION OF THE COURT

Martin B. Stecher, J.

In this declaratory judgment action, plaintiff moves to enjoin defendant from pursuing a summary proceeding in Civil *177Court, or, in the alternative, seeks an order removing the Civil Court proceeding and consolidating it with the action pending before this court.

By letter dated December 17, 1987, defendant rejected an éarlier attempt by plaintiff to exercise a renewal option contained in the lease on a store, and demanded that plaintiff vacate the premises by December 31, 1987, the terminal date of the lease.

On Janaury 5, 1988, a holdover proceeding was…