American Home Assurance Co. v. Rhulen Agency, Inc.

Appellate Division of the Supreme Court of New York

American Home Assurance Co. v. Rhulen Agency, Inc.

147 A.D.2d 413, 538 N.Y.S.2d 10, 1989 N.Y. App. Div. LEXIS 1961

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 23, 1989

StatusPublished

Cited by2 cases

This text of 147 A.D.2d 413 (American Home Assurance Co. v. Rhulen Agency, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Home Assurance Co. v. Rhulen Agency, Inc., 147 A.D.2d 413, 538 N.Y.S.2d 10, 1989 N.Y. App. Div. LEXIS 1961 (N.Y. Ct. App. 1989).

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Opinion

— Order, Supreme Court, New York County (David Edwards, Jr., J.), entered February 10, 1988, which transferred this action to the Civil Court pursuant to CPLR 325 (d), unanimously reversed, on the law and the facts, and the action restored to the Supreme Court, without costs.

This complex commercial matter involves claims totaling more than $4.5 million. Accordingly, it was erroneous to transfer the action pursuant to CPLR 325 (d) to the Civil Court, a court of limited monetary jurisdiction, in a case where there is not the slightest suggestion that the damages sustained may be less than those demanded. Concur — Sullivan, J. P., Asch, Milonas, Ellerin and Wallach, JJ.

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— Order, Supreme Court, New York County (David Edwards, Jr., J.), entered February 10, 1988, which transferred this action to the Civil Court pursuant to CPLR 325 (d), unanimously reversed, on the law and the facts, and the action restored to the Supreme Court, without costs.

This complex commercial matter involves claims totaling more than $4.5 million. Accordingly, it was erroneous to transfer the action pursuant to CPLR 325 (d) to the Civil Court, a court of limited monetary jurisdiction, in a case where there is not the slightest suggestion that the damages sustained may be less than those demanded. Concur — Sullivan, J. P., Asch, Milonas, Ellerin and Wallach, JJ.

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Bluebook (online)

147 A.D.2d 413, 538 N.Y.S.2d 10, 1989 N.Y. App. Div. LEXIS 1961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-home-assurance-co-v-rhulen-agency-inc-nyappdiv-1989.

Opinion

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