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Appellate Terms of the Supreme Court of New York, 1933

Rivisto v. New York Telephone Co.

Rivisto v. New York Telephone Co.
Appellate Terms of the Supreme Court of New York · Decided March 24, 1933
148 Misc. 864; 265 N.Y.S. 844; 1933 N.Y. Misc. LEXIS 1206

Counsel

Charles T. Russell [Edward F. Snydstrup of counsel], for the appellant., Anthony P. Savarese [Herman Saperstein of counsel], for the respondents.

Rivisto v. New York Telephone Co.

Opinion of the Court

Per Curiam.

Judgment unanimously reversed upon the law, with costs, and complaint dismissed, with appropriate costs in the *865court below. Whether the complaint is considered as it was served or as amended, it sought recovery for an amount beyond the jurisdiction of the City Court. The motion made at the opening of the trial to dismiss for lack of jurisdiction should have been granted. (Bremer v. Fox, Appellate Term, 2d Dept., No. 447, March term, 1931; Goldberg v. My-T-Fine Corp., Appellate Term, 2d Dept., No. 386, March term, 1931.)

All concur; present, MacCrate, Lewis and Johnston, JJ.

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