Eastrich No. 80 Corp. v. Patrolmen's Benevolent Ass'n of the New York City Transit Police Department

*99OPINION OF THE COURT

Order dated October 17, 1996 reversed, with $10 costs, and defendant’s motion is granted to the extent of remanding the matter to the Civil Court for entry of an order transferring the action to Supreme Court, New York County.

Plaintiff originally commenced a nonpayment summary proceeding in July 1995 against defendant labor organization. Defendant surrendered possession shortly thereafter, and an order was entered in April 1996 (Dankberg, J.) converting the proceeding to a plenary action. Plaintiff then served a complaint under a new index number which, in its present…