Opinion
40 Index No. 115379/08 Case No. 2022–05440
04-13-2023
Patricia LEIGHTON, Plaintiff–Appellant, v. Marc LOWENBERG, D.D.S., et al., Defendants–Respondents.
Andrew Molbert, New York, for appellant. Martin Clearwater & Bell LLP, New York (Barbara D. Goldberg of counsel), for respondents.
Andrew Molbert, New York, for appellant.
Martin Clearwater & Bell LLP, New York (Barbara D. Goldberg of counsel), for respondents.
Renwick, A.P.J., Moulton, Shulman, Rodriguez, Pitt–Burke, JJ.
Order, Supreme Court, New York County (Debra James, J.), entered March 17, 2022, which denied plaintiff's motion to vacate an order, same court (Deborah A. Kaplan, J.), entered on or about August 21, 2018, which sua sponte transferred the action to the Civil Court of the City of New York pursuant to CPLR 325(d) and 22 NYCRR 202.13(a), unanimously affirmed, without costs.
Supreme Court did not abuse its discretion in denying plaintiff's motion, which, in effect, seeks removal to Supreme Court of an action that had been transferred to Civil Court pursuant to CPLR 325(d). Plaintiff has unreasonably delayed seeking such relief, and has not shown that it has been prejudiced by reason of the transfer (see Genson v. Sixty Sutton Corp., 74 A.D.3d 560, 905 N.Y.S.2d 24 [1st Dept. 2010] [Transfer was not an improvident exercise of discretion, since the "action was commenced in the Supreme Court and ... the monetary jurisdiction of that court ... will govern any recovery" quoting Tobias v. New York Hosp., 279 A.D.2d 374, 374, 719 N.Y.S.2d 563 [1st Dept. 2001] ).