In Stuart v. Kingsview Homes, 16 Misc. 2d 492 [Sup Ct. Kings Co. 1959] appeal dismissed 13 A.D.2d 519, [2d Dept 1961] the Supreme Court chronicled many cases wherein the Appellate Courts acknowledged that it would be appropriate to "resolve divergent claims of parties under leases, in which it has been held that controversies of the character set out in the complaint herein are peculiarly the proper subject in an action for a declaratory judgment." (Id. at 497). The Stuart court also opined that it would be preferable to resolve lease disputes in the declaratory judgment action to forestall the necessity of filing an eviction proceeding. (id. at 498).