AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

ROBERT B. SAMUELS, Appellant, v. CAULDWELL-WINGATE CO., INC., Respondent.

The record, which was plaintiff's burden to prepare as appellant, is inadequate to permit review of plaintiff's claim that there is no reason to suppose that its damages are likely to be within Civil Court's monetary jurisdiction. Indeed, the record is completely bereft of any evidence bearing upon damages. Since no record was made of the conference at which the IAS Court decided to transfer the action, we affirm ( cf., E.P. Reynolds, Inc. v. Nager Elec. Co., 17 N.Y.2d 51, 56). In any event, the transfer cannot prejudice plaintiff since the action was originally commenced in Supreme Court, and thus any verdict plaintiff might recover would not be subject to Civil Court's monetary jurisdiction (CPLR 325 [d]). We have considered plaintiff's remaining contentions and find them to be unavailing.

Concur — Sullivan, J. P., Nardelli, Mazzarelli, Rubin and Andrias, JJ.

Use AI to get other relevant cases.

Comments

SAMUELS v. CAULDWELL-WINGATE CO., INC
(Jun 17, 1999)