Opinion
February 25, 1971
Order, Supreme Court, New York County, entered May 21, 1970, unanimously affirmed, without costs and without disbursements, and the case is remanded to Special Term, New York County, for consideration of transfer to the Civil Court. There is no reason apparent in the record for the commencement of this action in the Supreme Court rather than in the forum appropriate to the amount in suit, and, accordingly, costs and disbursements are denied to the successful respondent. As this court indicated in Midtown Commercial Corp. v. Kelner ( 29 A.D.2d 349, 351) in commenting upon a similar situation, the court at Special Term, upon submission to it of this motion for summary judgment, should, of its own motion, have transferred the case to the Civil Court, unless plaintiff presented a valid reason why the Civil Court would not have jurisdiction. Remand for this purpose is therefore directed.
Concur — Capozzoli, J.P., McGivern, Markewich, Nunez and McNally, JJ.