231 Brightwater Court Realty Corp. v. New York Telephone Co.

Appellate Terms of the Supreme Court of New York

231 Brightwater Court Realty Corp. v. New York Telephone Co.

186 Misc. 129, 59 N.Y.S.2d 882, 1945 N.Y. Misc. LEXIS 2654

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 21, 1945

StatusPublished

Cited by1 cases

This text of 186 Misc. 129 (231 Brightwater Court Realty Corp. v. New York Telephone Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

231 Brightwater Court Realty Corp. v. New York Telephone Co., 186 Misc. 129, 59 N.Y.S.2d 882, 1945 N.Y. Misc. LEXIS 2654 (N.Y. Ct. App. 1945).

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Opinion

Memorandum Per Curiam.

The Municipal Court had no jurisdiction of an action for trespass (Holzer v. New York Telephone Co. [App. Term, 1st Dept.], N. Y. L. J., April 6, [131]*1311945, p. 1306, col. 4). The first cause of action therefore was properly dismissed. The Municipal Court, however, has jurisdiction in an action to recover treble damages for willful and unlawful injury to real property (Marconi Realty Corporation v. Goldstein, 13 N. Y. S. 2d 547). It was error, therefore, to dismiss the second cause of action since there were factual issues to be passed upon by the jury.

The judgment should be reversed; judgment directed for defendant on the first cause of action; action severed, and a new trial ordered as to the second cause of action, with $20 costs to appellant to abide the event. .

Hammer, Shiehtag and Hecht, JJ., concur.

Judgment reversed, etc.

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Memorandum Per Curiam.

The Municipal Court had no jurisdiction of an action for trespass (Holzer v. New York Telephone Co. [App. Term, 1st Dept.], N. Y. L. J., April 6, [131]*1311945, p. 1306, col. 4). The first cause of action therefore was properly dismissed. The Municipal Court, however, has jurisdiction in an action to recover treble damages for willful and unlawful injury to real property (Marconi Realty Corporation v. Goldstein, 13 N. Y. S. 2d 547). It was error, therefore, to dismiss the second cause of action since there were factual issues to be passed upon by the jury.

The judgment should be reversed; judgment directed for defendant on the first cause of action; action severed, and a new trial ordered as to the second cause of action, with $20 costs to appellant to abide the event. .

Hammer, Shiehtag and Hecht, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

186 Misc. 129, 59 N.Y.S.2d 882, 1945 N.Y. Misc. LEXIS 2654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/231-brightwater-court-realty-corp-v-new-york-telephone-co-nyappterm-1945.

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