Liberty Moving & Storage Co. v. Cumella

Appellate Division of the Supreme Court of New York

Liberty Moving & Storage Co. v. Cumella

29 A.D.3d 537, 813 N.Y.S.2d 670

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

DecidedMay 2, 2006

StatusPublished

This text of 29 A.D.3d 537 (Liberty Moving & Storage Co. v. Cumella) 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

Liberty Moving & Storage Co. v. Cumella, 29 A.D.3d 537, 813 N.Y.S.2d 670 (N.Y. Ct. App. 2006).

Pincite

Opinion

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, by permission, from an order of the Supreme Court, Suffolk County (Molia, J.), dated May 6, 2005, which, sua sponte, removed the matter to the County Court, Suffolk County.

Ordered that the order is reversed, on the law, without costs or disbursements, and the Clerk of the County Court, Suffolk County, is directed to deliver to the Clerk of the Supreme Court, Suffolk County, all papers filed in this action and certified copies of all minutes and entries (see CPLR 511 [d]).

The Supreme Court erred in removing this action to the County Court (see CPLR 325 [d]). Schmidt, J.P., Crane, Krausman, Skelos and Lunn, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, by permission, from an order of the Supreme Court, Suffolk County (Molia, J.), dated May 6, 2005, which, sua sponte, removed the matter to the County Court, Suffolk County.

Ordered that the order is reversed, on the law, without costs or disbursements, and the Clerk of the County Court, Suffolk County, is directed to deliver to the Clerk of the Supreme Court, Suffolk County, all papers filed in this action and certified copies of all minutes and entries (see CPLR 511 [d]).

The Supreme Court erred in removing this action to the County Court (see CPLR 325 [d]). Schmidt, J.P., Crane, Krausman, Skelos and Lunn, JJ., concur.

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Bluebook (online)

29 A.D.3d 537, 813 N.Y.S.2d 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liberty-moving-storage-co-v-cumella-nyappdiv-2006.