Opinion
December 11, 1986
Appeal from the Supreme Court, New York County (Francis N. Pecora, J.).
We agree with the motion court that an expeditious trial should be had of the landlord's claim that he should be permitted either to withdraw the units from the rental market under Code of the Rent Stabilization Association of New York City, Inc. (Code) § 54 (D) (3) and New York City Rent and Eviction Regulations § 59 (a) (2) and (4) or to demolish the subject building pursuant to Code § 54 (D) (1) and New York City Rent and Eviction Regulations § 58 (a) (1); (b). In accordance with the view that an immediate trial was warranted, the matter had been set down one week later for trial and the tenant defendants' Civil Court proceeding stayed. This appeal and a stay of the motion court's order intervened. Since we do not believe that the Civil Court proceeding — and the tenants' rights to restoration of services and repairs, if warranted — should be deferred indefinitely, we attach a time limitation for the commencement of the trial of the declaratory judgment action.
Concur — Sandler, J.P., Sullivan, Milonas and Kassal, JJ.