Opinion
March 3, 1998
Appeal from the Supreme Court, New York County (Harold Tompkins J.).
The IAS Court's implicit denial of plaintiff's motion for a Yellowstone inujunction was proper, but, upon reaching that determination, it should have dismissed the action. CPLR 325 (d) was not a proper vehicle for trasferring this action to Civil Court. The parties may raise any outstanding issues in the commercial landlord tenant part of Civil Court ( Lun Far Co. v. Aylesbury Assocs., 40 A.D.2d 794), if so advised.
Concur — Milonas, J. P., Nardelli, Williams and Mazzarelli, JJ.