Plaintiff appeals from an order of the Civil Court, New York County, entered March 26, 2002 (Donna G. Recant, J.) which, inter alia, granted defendant's cross-motion to dismiss the complaint without prejudice to an application in Supreme Court for retransfer.

PER CURIAM:

Order entered March 26, 2002 (Donna G. Recant, J.) modified by reinstating the first, third and fourth causes of action; as modified, order affirmed, without costs.

Civil Court properly recognized that plaintiff landlord's request for declaratory relief is not within that court's subject matter jurisdiction (see Lex 33 Associates v Grasso, 283 AD2d 272). Since the Appellate Division subsequently retransferred that cause of action to the Supreme Court (Feierstein v Moser, 306 AD2d 27), we now vacate the dismissal of that cause. To the extent plaintiff seeks restoration of the premises to their original condition, that issue should be determined by Supreme Court after resolution of plaintiff's primary claim that defendant's alterations materially breached a substantial lease obligation. Finally, any claim for attorneys' fees should abide the ultimate outcome of the controversy (see North Waterside Redevelopment Co. v Febbraro, 256 AD2d 261, 262). [*2]

This constitutes the decision and order of the court.