ANSONIA ASSOCIATES v. COSTA

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.