Bogden v. Wingate Realty Co.

Appellate Terms of the Supreme Court of New York

Bogden v. Wingate Realty Co.

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

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 6, 1964

StatusPublished

This text of 43 Misc. 2d 1083 (Bogden v. Wingate Realty 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

Bogden v. Wingate Realty Co., 43 Misc. 2d 1083, 252 N.Y.S.2d 994, 1964 N.Y. Misc. LEXIS 2121 (N.Y. Ct. App. 1964).

Pincite

Opinion

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.

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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.

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Bluebook (online)

43 Misc. 2d 1083, 252 N.Y.S.2d 994, 1964 N.Y. Misc. LEXIS 2121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogden-v-wingate-realty-co-nyappterm-1964.