Opinion
2008-1211 RO C.
Decided June 2, 2009.
Appeal from a judgment of the Justice Court of the Town of Haverstraw, Rockland County (Peter Branti, Jr., J.), entered February 7, 2008. The judgment, after a nonjury trial, dismissed the complaint.
Judgment affirmed without costs.
PRESENT: RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ.
The instant action, and a prior action which went to judgment, were commenced based upon a single indivisible cause of action. At trial, plaintiff conceded that the purpose of bringing the multiple actions was to circumvent the monetary jurisdiction of the court. Following the trial, the Justice Court dismissed the complaint.
A single cause of action may not be divided merely for the convenience of the plaintiff in seeking a forum so as to circumvent the monetary jurisdictional limit of the court ( see Swiss Hamlet Homeowners Assoc., Inc. v Souza , 13 Misc 3d 87 [App Term, 9th 10th Jud Dists 2006]). Accordingly, the Justice Court properly dismissed plaintiff's complaint.
Rudolph, P.J., Molia and Scheinkman, JJ., concur.