Opinion
October, 1913.
Edward J. Walsh, for appellant.
Henry Kuntz (Abraham P. Wilkes, of counsel), for respondent.
The complaint states a cause of action, and demands judgment for $5,000. The defendant demurred "on the ground that the jurisdiction of the court is limited to actions where the sum claimed does not exceed $2,000, and that it appears upon the face of the amended complaint herein that the sum demanded in damages is the sum of $5,000." The court below properly overruled the demurrer. It has been uniformly held that the City Court has jurisdiction of an action wherein the complaint demands judgment for a greater sum than $2,000 with interest and costs, although a judgment for a sum in excess of that amount cannot be entered. Ralli v. Pearsall, 69 A.D. 254. The case of Lewkowicz v. Queen Aeroplane Co., 154 A.D. 142; 207 N.Y. 290, has in no way changed this rule.
Interlocutory judgment affirmed, with costs, with leave to defendant to answer within six days after service of a copy of the order entered herewith, with notice of entry in the City Court upon payment of costs in this court and the court below.
GUY and BIJUR, JJ., concur.
Judgment affirmed, with costs.