Pratt Institute v. Niehoff Realty, Inc.

OPINION OF THE COURT

John R. Cannizzaro, J.

This is a motion by petitioner for an order entering a judgment by default based upon respondent’s failure to answer the petition. The respondent cross-moves for an order dismissing the action for lack of subject matter jurisdiction. Respondent further moves for a transfer of the action to Supreme Court, for leave to interpose an answer to the petition, to consolidate this action with another and to change the caption and proceeding to a civil action.

The action was commenced as a summary proceeding to recover possession of real property under RPAPL…