F.J.W

In an action to declare the rights of the parties pursuant to a lease, plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Ferraro, J.), entered April 16, 1984, as determined that a preliminary injunction was not available as to certain of the alleged breaches of the lease. Order reversed insofar as appealed from, with costs, and defendant is enjoined from any termination of the lease or commencement or continuation of a summary proceeding except a pending nonpayment proceeding between these parties (as to which the Appellate Term for the Ninth and Tenth Judicial Districts rendered a decision and order dated Aug. 14, 1984, which vacated a default judgment against the tenant) based upon any of the grounds set forth in the notice of election to terminate the lease dated October 11, 1983.