AMERICAN MUTUAL LIABILITY INS. CO. v. BOVA

Order entered September 17, 1968 denying plaintiff's motion for summary judgment unanimously affirmed, with $50 costs and disbursements to defendant-respondent. The court notes, however, that the record discloses no reason why the suit herein — to recover the sum of $1,886.91 — was not commenced in the Civil Court. The case is therefore remanded to Special Term for the purpose of transferring the action to the Civil Court unless plaintiff advances a proper reason for retaining jurisdiction in the Supreme Court. ( Midtown Commercial Corp. v. Kelner, 29 A.D.2d 349, 351; Trussell v. Strongo, 29 A.D.2d 851; N Y Const., art. VI, § 19, subd. a).

Concur — Capozzoli, J.P., Tilzer, McGivern, Markewich and Nunez, JJ.