Appellate Division of the Supreme Court of the State of New York November 10, 2003 (RM Restaurant, Inc. v. Marsan Realty Corp.)

In an action, inter alia, for a judgment declaring that the plaintiff is entitled to possession of certain leased premises, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (O’Connell, J), entered July 26, 2002, which denied its motion pursuant to CFLR 3001 for immediate possession of the subject premises and declared that the defendant Marsan