Ansonia Associates v. Costa

Motion for renewal of this court’s order ( 163 AD2d 103 ) entered on July 10, 1990 granted and, upon renewal, the memorandum decision accompanying said order is recalled and vacated, and the following memorandum substituted therefor:

Order and memorandum decision of this court, entered July 10, 1990 ( 163 AD2d 103 , supra), inter alia, affirming an order of the Supreme Court, New York County (David Edwards, Jr., J.), upon the ground that plaintiff-appellant Ansonia Associates had failed to provide notice pursuant to New York City Rent Stabilization Code (9 NYCRR) § 2523.5 (a); § 2524.2 (a), (b), (c) (2) vacated and the order of the Supreme Court is unanimously affirmed, with costs.

When on March 2, 1987 Ansonia Associates commenced this action in Supreme Court for, inter alia, a declaratory judg

The order dismissing the complaint is affirmed for the reasons set forth in our memorandum decisions in Ansonia Assocs. v Consiglio ( 163 AD2d 98 ) and Ansonia Assocs. v Rosenberg ( 163 AD2d 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.