Frydman v. Arcure

Appellate Division of the Supreme Court of New York

Frydman v. Arcure

75 A.D.2d 863, 427 N.Y.S.2d 888, 1980 N.Y. App. Div. LEXIS 11489

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

DecidedMay 19, 1980

StatusPublished

This text of 75 A.D.2d 863 (Frydman v. Arcure) 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

Frydman v. Arcure, 75 A.D.2d 863, 427 N.Y.S.2d 888, 1980 N.Y. App. Div. LEXIS 11489 (N.Y. Ct. App. 1980).

Pincite

Opinion

a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Westchester County, entered January 3, 1980, which denied a motion to (1) vacate a prior order which transferred this action to the County Court, while still retaining the monetary jurisdiction of the Supreme Court and (2) transfer the action back to the Supreme Court. Order reversed, without costs or disbursements, motion granted and the action is transferred back to the [864]*864Supreme Court, Westchester County. In the absence of a rule permitting such action, the court was without jurisdiction to send this matter, in which $250,000 in damages is sought, to the County Court for trial (see CPLR 325, subd [d]). This action must be tried in the Supreme Court. Gulotta, J. P., Cohalan, Margett and O’Connor, JJ., concur.

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a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Westchester County, entered January 3, 1980, which denied a motion to (1) vacate a prior order which transferred this action to the County Court, while still retaining the monetary jurisdiction of the Supreme Court and (2) transfer the action back to the Supreme Court. Order reversed, without costs or disbursements, motion granted and the action is transferred back to the [864]*864Supreme Court, Westchester County. In the absence of a rule permitting such action, the court was without jurisdiction to send this matter, in which $250,000 in damages is sought, to the County Court for trial (see CPLR 325, subd [d]). This action must be tried in the Supreme Court. Gulotta, J. P., Cohalan, Margett and O’Connor, JJ., concur.

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Bluebook (online)

75 A.D.2d 863, 427 N.Y.S.2d 888, 1980 N.Y. App. Div. LEXIS 11489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frydman-v-arcure-nyappdiv-1980.