Opinion
1431N
June 17, 2003.
Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about December 2, 2002, which granted defendant tenant's motion to the extent of transferring this action, pursuant to CPLR 325(d), to New York County Civil Court, unanimously affirmed, without costs.
Magda L. Cruz, for plaintiff-appellant.
Edward A. Roberts, for defendant-respondent.
Before: Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ.
Plaintiff landlord's action was properly transferred since complete relief for defendant tenant's alleged improper use of the subject apartment is available in Civil Court eviction proceedings, and Civil Court is the preferred forum for resolution of disputes over the possession of leasehold premises (see Cox v. J.D. Realty Assocs., 217 A.D.2d 179, 183; cf. North Waterside Redevelopment Co. v. Febbraro, 256 A.D.2d 261, 262, lv dismissed 93 N.Y.2d 888). Although plaintiff nominally seeks a declaration, the "primary relief" sought is repossession of the premises (cf. Lex 33 Assocs., LP v. Grasso, 283 A.D.2d 272, 273) and, indeed, plaintiff concedes that the gravamen of its action is to terminate defendant's leasehold.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.