Rivisto v. New York Telephone Co.

Appellate Terms of the Supreme Court of New York

Rivisto v. New York Telephone Co.

148 Misc. 864, 265 N.Y.S. 844, 1933 N.Y. Misc. LEXIS 1206

Appellate Terms of the Supreme Court of New York·Decided March 24, 1933·Published·Cited by 2 cases

Opinion

Per Curiam.

Judgment unanimously reversed upon the law, with costs, and complaint dismissed, with appropriate costs in the [865] court below. Whether the complaint is considered as it was served or as amended, it sought recovery for an amount beyond the jurisdiction of the City Court. The motion made at the opening of the trial to dismiss for lack of jurisdiction should have been granted. (Bremer v. Fox, Appellate Term, 2d Dept., No. 447, March term, 1931; Goldberg v. My-T-Fine Corp., Appellate Term, 2d Dept., No. 386, March term, 1931.)

All concur; present, MacCrate, Lewis and Johnston, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Judgment unanimously reversed upon the law, with costs, and complaint dismissed, with appropriate costs in the [865] court below. Whether the complaint is considered as it was served or as amended, it sought recovery for an amount beyond the jurisdiction of the City Court. The motion made at the opening of the trial to dismiss for lack of jurisdiction should have been granted. (Bremer v. Fox, Appellate Term, 2d Dept., No. 447, March term, 1931; Goldberg v. My-T-Fine Corp., Appellate Term, 2d Dept., No. 386, March term, 1931.)

All concur; present, MacCrate, Lewis and Johnston, JJ.

Rivisto v. New York Telephone Co., 148 Misc. 864, 265 N.Y.S. 844, 1933 N.Y. Misc. LEXIS 1206 (N.Y. Ct. App. 1933).

Pincite

148 Misc. 864 (Rivisto v. New York Telephone Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related