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AL KLEIN, Appellant, v. 124-132 WHITE STREET, INC., Respondent

Per Curiam.

Section 192 (subd. c, par. [2]) of the New York City Civil Court Act does not preclude consideration of a motion to increase the ad damnum clause above $3,000 on the merits, simply because the case was originally instituted in the Municipal Court and transferred automatically. ( Cohen v. Bezold, 37 Misc.2d 1081; Dolce v. Cayuga Foundation Corp., 38 Misc.2d 1078.)

The order should be reversed, without costs, and motion remanded for determination on the merits.

Concur — BROWN, GULOTTA and GROAT, JJ.

Order reversed, etc.

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KLEIN v. WHITE STREET, INC
(Dec 3, 1963)