Lakehill Associates, Inc. v. Frame

In this action for judgment declaring rights with respect to a lease, plaintiff moves to remove to this court and consolidate with this action a summary proceeding whereby the defendant in this action (as landlord) seeks to remove the plaintiff herein (as tenant) for alleged defaults under the leasze. The defendant herein cross-moves to dismiss the complaint on the theory that it is demonstrated that there is no necessity for a declaratory judgment.

*101The written lease in question was executed in 1950 between William A. Frame, as landlord, and Lakehill Associates, Inc., as tenant. Frame died on…