34 & 7 Realopp Corp. v. Seafood City, Inc.

This is a summary proceeding brought pursuant to section 711 of the Real Property Actions and Proceedings Law to recover possession of a store. Respondent defaulted, whereupon final judgment was entered for petitioner. Then respondent moved to vacate its default. Because the papers raised an issue of personal jurisdiction which could not be determined solely on the affidavits, I set the matter down for an evidentiary hearing. On the adjourned date, respondent for the first time urged that the court lacked subject matter jurisdiction. Its argument rests upon a novel point of landlord-tenant…