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Ansonia Associates v. Costa

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 1990
167 A.D.2d 134 (N.Y. App. Div. 1990)

Opinion

November 1, 1990

Appeal from the Supreme Court, New York County (David Edwards, Jr., J.).


When on March 2, 1987 Ansonia Associates commenced this action in Supreme Court for, inter alia, a declaratory judgment as to defendant-respondent's primary tenancy, there were pending in the Civil Court three summary proceedings relating to that tenancy.

The order dismissing the complaint is affirmed for the reasons set forth in our memorandum decisions in Ansonia Assocs. v. Consiglio ( 163 A.D.2d 98) and Ansonia Assocs. v. Rosenberg ( 163 A.D.2d 101). In these cases we held that the action for declaratory judgment was not a legally ripe controversy due to the pendency of Civil Court proceedings which could be dispositive of the issue.

Concur — Kupferman, J.P., Carro, Milonas, Wallach and Smith, JJ.


Summaries of

Ansonia Associates v. Costa

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 1990
167 A.D.2d 134 (N.Y. App. Div. 1990)
Case details for

Ansonia Associates v. Costa

Case Details

Full title:ANSONIA ASSOCIATES, Appellant, v. MARY COSTA, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 1, 1990

Citations

167 A.D.2d 134 (N.Y. App. Div. 1990)

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