American Mutual Liability Insurance v. Bova

Full title: AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Appellant, v. SAM BOVA et…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 28, 1969

32 A.D.2d 527 (N.Y. App. Div. 1969)

300 N.Y.S.2d 86

Opinion

April 28, 1969

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.