Opinion
July 8, 1993
Appeal from the Supreme Court, New York County (H. Tompkins, J.).
Plaintiff commenced this action against her landlord pursuant to General Business Law § 349. According to the complaint, on three separate occasions the defendants mailed a notice to plaintiff that stated in large print, "Final Notice," and then in larger print, "Dispossess Warning." The notice stated in normal text below: "[w]e will not tolerate Late Payment of RENT. If your rent is not paid within the next few days, we will have the Marshall remove all your furniture to the warehouse and charge for storage."
It appears from the record that no eviction proceeding was pending against the plaintiff at the time of the notice.
In addition to causes of action pleaded under General Business Law § 349 and Consumer Affairs regulation 10.2 (D) (3) and (4) of the City of New York (6 RCNY 5-77 [d] [3], [4]), plaintiff seeks injunctive relief.
The motion court dismissed the action and held that the Housing Part of the Civil Court is the "forum best equipped to deal with this rental dispute." We disagree.
Here appellant seeks injunctive relief which is unavailable in the Civil Court (see, Ford v. Tower W. Assocs., 120 Misc.2d 240). Therefore, inasmuch as the tenant is unable to obtain complete relief in the Civil Court "the jurisdiction of the Supreme Court is still available" (Post v. 120 E. End Ave. Corp., 62 N.Y.2d 19, 28). Thus it was error for the motion court to dismiss the action.
Concur — Murphy, P.J., Rosenberger, Ross, Asch and Kassal, JJ.