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MARILYN TOBIAS, PH.D., PLAINTIFF-APPELLANT, v. NEW YORK HOSPITAL, ET AL., DEFENDANTS-RESPONDENTS.

Transfer from Supreme Court to Civil Court was appropriate in this case (CPLR 325[d]; 22 NYCRR 202.13). Plaintiff will sustain no prejudice by reason of the transfer. The action was commenced in the Supreme Court and it is the monetary jurisdiction of that court that will govern any recovery (CPLR 325[d]; Samuels v. Cauldwell-Wingate Co., Inc., 262 A.D.2d 178). We have examined plaintiff's remaining contentions and find them unavailing.

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TOBIAS v. NEW YORK HOSPITAL
(Jan 23, 2001)