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Platt v. Flesher

Supreme Court, Appellate Division, First Department, New York.
Mar 11, 2014
115 A.D.3d 468 (N.Y. App. Div. 2014)

Opinion

2014-03-11

Elaine PLATT, Plaintiff–Appellant, v. Alexander FLESHER, Defendant–Respondent.


Elaine Platt, New York, appellant pro se.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered July 31, 2013, which, insofar as appealed from, denied plaintiff's motion to transfer this action from Civil Court to Supreme Court, unanimously reversed, on the facts and in the exercise of discretion, with costs, the motion granted, and plaintiff is granted leave to file an amended complaint asserting her new claims and increasing the ad damnum clause from $25,000 to $100,000.

Since plaintiff established by affidavit of merit that her alleged damages were increased beyond Civil Court's jurisdictional maximum as a result of events that transpired after she had filed her complaint in this matter in Civil Court, her motion to transfer the action to Supreme Court should have been granted (CPLR 325[b]; see Matter of Miranda v. City of New York, 81 A.D.2d 792, 792, 439 N.Y.S.2d 129 [1st Dept.1981];Williams v. Williams, 23 A.D.2d 482, 482, 255 N.Y.S.2d 534 [1st Dept.1965] ). GONZALEZ, P.J., TOM, FRIEDMAN, ANDRIAS, SAXE, JJ., concur.


Summaries of

Platt v. Flesher

Supreme Court, Appellate Division, First Department, New York.
Mar 11, 2014
115 A.D.3d 468 (N.Y. App. Div. 2014)
Case details for

Platt v. Flesher

Case Details

Full title:Elaine PLATT, Plaintiff–Appellant, v. Alexander FLESHER…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Mar 11, 2014

Citations

115 A.D.3d 468 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 1543
981 N.Y.S.2d 532

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