January 23, 2022

Jurisdiction in a landlord-tenant dispute.

The Appellate Division reversed the motion court's sua sponte dismissal of the complaint on the ground that this is a landlord-tenant dispute that should have been brought as a summary proceeding in Civil Court. Supreme Court has unlimited general jurisdiction over all real property actions, including those commenced by a landlord against a tenant. In its discretion, the Supreme Court may decline to hear such an action on the ground that a pending action in Civil Court is the proper forum.

A&L 1664 LLC v. Jaspar Hospitality LLC, NY Slip Op 00264 (1st Dep't January 18, 2022)

Here is the decision.