KLEIN v. WHITE STREET, INC

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.