Opinion
April 22, 1996
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the order is affirmed, with costs.
The declaratory judgment actions were properly dismissed. The relief sought in each of the declaratory judgment actions, i.e., a declaration as to the validity of the mortgage note, could be determined in the separate action, which was pending, to recover on the note ( see, Matter of Morgenthau v. Erlbaum, 59 N.Y.2d 143, cert denied 464 U.S. 993; Top-All Varieties v. Raj Dev. Co., 173 A.D.2d 604). As for a declaration as to the validity of the mortgage, the Supreme Court did not improvidently exercise its discretion in dismissing the declaratory judgment actions when the plaintiff had an adequate alternative remedy, i.e., a mortgage foreclosure proceeding (see, Matter of Morgenthau v Erlbaum, supra).
Moreover, the Supreme Court correctly determined that the notices of pendency were improperly filed in these actions ( see, CPLR 6501; 5303 Realty Corp. v. O Y Equity Corp., 64 N.Y.2d 313; FB Tr. Rd. Corp. v. DRT Constr. Co., 217 A.D.2d 1001; Freidus v. Sardelli, 192 A.D.2d 578). Rosenblatt, J.P., Copertino, Altman and Friedmann, JJ., concur.