Annis International, Inc. v. Jamin Manufacturing Co.

Appellate Division of the Supreme Court of New York

Annis International, Inc. v. Jamin Manufacturing Co.

6 A.D.2d 1003, 178 N.Y.S.2d 51, 1958 N.Y. App. Div. LEXIS 4798

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 1958·Published

Opinion

Order unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs. A defendant sued on a simple claim for work, labor, and services and for an account stated in the Municipal Court, does not, merely by the interposition of a counterclaim beyond the jurisdictional limits of that court, thereby become entitled to invoke subdivision 1 of section 110-a of the Civil Practice Act and remove the entire proceeding to the Supreme Court (Weinick v. I. G. S. Pants Co., 189 Misc. 516; United States Fidelity & Guar. Co. v. McGuire & Co., 164 Misc. 120). Defendant may elect to continue its $235,397.66 counterclaim in the Municipal Court action, in which event any recovery thereon would be limited to $3,000 (Silberstein v. Begun, 232 N. Y. 319), or it may bring an independent action thereon in the proper court; but in neither event may it delay plaintiff’s right to a speedy determination of its claim of $2,628.37 for work, labor and services. Concur—Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.

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Order unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs. A defendant sued on a simple claim for work, labor, and services and for an account stated in the Municipal Court, does not, merely by the interposition of a counterclaim beyond the jurisdictional limits of that court, thereby become entitled to invoke subdivision 1 of section 110-a of the Civil Practice Act and remove the entire proceeding to the Supreme Court (Weinick v. I. G. S. Pants Co., 189 Misc. 516; United States Fidelity & Guar. Co. v. McGuire & Co., 164 Misc. 120). Defendant may elect to continue its $235,397.66 counterclaim in the Municipal Court action, in which event any recovery thereon would be limited to $3,000 (Silberstein v. Begun, 232 N. Y. 319), or it may bring an independent action thereon in the proper court; but in neither event may it delay plaintiff’s right to a speedy determination of its claim of $2,628.37 for work, labor and services. Concur—Botein, P. J., Rabin, Valente, McNally and Stevens, JJ.

Annis International, Inc. v. Jamin Manufacturing Co., 6 A.D.2d 1003, 178 N.Y.S.2d 51, 1958 N.Y. App. Div. LEXIS 4798 (N.Y. Ct. App. 1958).

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Opinion

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