Appellate Terms of the Supreme Court of New York, 1964

Bogden v. Wingate Realty Co.

Appellate Terms of the Supreme Court of New York · Decided February 6, 1964

43 Misc. 2d 1083; 252 N.Y.S.2d 994; 1964 N.Y. Misc. LEXIS 2121

Counsel

Irving Segal and Sidney Advocate for Wingate Realty Company, appellant. Raymond J. MacDonnell and Herbert M., Katz for D & T Concrete Co., Inc., appellant. Schneider & Lichtenstein (Charles Lichtenstein of counsel), for respondent.

Opinion of the Court

Per Curiam.

The provision of section 192 of the Civil Court Act [now § 2203] that the jurisdiction of the Civil Court, as to causes transferred from abolished courts, shall be ‘ ‘ contracted to that of the abolished court so as to prevent this court from giving relief * * * in such amount as could not be given by the abolished court ’ ’ is clear and unambiguous. The granting of plaintiff’s motion to increase the damages beyond the amount which the City Court could have given was a violation of section 192.

That portion of the order granting plaintiff’s motion to increase the amount demanded in the complaint should be reversed, with $10 costs, otherwise, affirmed.

Concur —G-old, J. P., ILecht and Tilzer, JJ.

Order granting motion to increase the amount demanded in the complaint reversed, otherwise affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.