Summary
holding that by removing a claim to Civil Court, plaintiff was not prejudiced because the removed claim was not restrained by the Civil Court's limited money jurisdiction
Summary of this case from Villafane v. 600 West 178th Street, LLCOpinion
June 17, 1999.
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
The record, which was plaintiff's burden to prepare as appellant, is inadequate to permit review of plaintiff's claim that there is no reason to suppose that its damages are likely to be within Civil Court's monetary jurisdiction. Indeed, the record is completely bereft of any evidence bearing upon damages. Since no record was made of the conference at which the IAS Court decided to transfer the action, we affirm ( cf., E.P. Reynolds, Inc. v. Nager Elec. Co., 17 N.Y.2d 51, 56). In any event, the transfer cannot prejudice plaintiff since the action was originally commenced in Supreme Court, and thus any verdict plaintiff might recover would not be subject to Civil Court's monetary jurisdiction (CPLR 325 [d]). We have considered plaintiff's remaining contentions and find them to be unavailing.
Concur — Sullivan, J. P., Nardelli, Mazzarelli, Rubin and Andrias, JJ.