Ellenbogen v. Caldwell

In a summary proceeding in the Municipal Court of the City of New York, Borough of Brooklyn, to recover possession of real property, after informal proof under oath, the tenant consented to the entry of a final order in favor of the landlords, awarding possession after a stay of approximately six months. Thereafter, and prior to the expiration of the six months’ period, the tenant brought an action in the Supreme Court for a judgment declaring the Municipal Court order void and restraining its enforcement, on the ground that the court lacked jurisdiction of the subject matter, particularly…