Order and judgment, Supreme Court, Bronx County, each entered on December 22, 1970, unanimously affirmed, without costs and without disbursements, the action having improperly been brought in the Supreme Court. We do not consider the utilization of CPLR 3213, no objection having been raised below to the procedure followed. Concur—Markewich, J. P., Nunez, Murphy, Steuer and Eager, JJ.