Sirota v. New York City Board of Education

Appellate Division of the Supreme Court of New York

Sirota v. New York City Board of Education

265 A.D.2d 267, 697 N.Y.S.2d 34, 1999 N.Y. App. Div. LEXIS 10882

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

DecidedOctober 28, 1999

StatusPublished

This text of 265 A.D.2d 267 (Sirota v. New York City Board of Education) 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

Sirota v. New York City Board of Education, 265 A.D.2d 267, 697 N.Y.S.2d 34, 1999 N.Y. App. Div. LEXIS 10882 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about March 23, 1999, which, sua sponte, transferred the action to Civil Court, New York County pursuant to CPLR 325 (d), unanimously reversed, on the law, without costs, the transfer vacated and the matter remanded to Supreme Court, New York County for further proceedings.

The claims alleged in the complaint in this action seek both equitable and monetary relief. The Civil Court has no jurisdiction to grant equitable relief and, as such, the action may not be transferred there as a matter of law (see, Haskin v Denoyer, 250 AD2d 458, 459). Concur — Ellerin, P. J., Nardelli, Lerner, Andrias and Friedman, JJ.

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—Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about March 23, 1999, which, sua sponte, transferred the action to Civil Court, New York County pursuant to CPLR 325 (d), unanimously reversed, on the law, without costs, the transfer vacated and the matter remanded to Supreme Court, New York County for further proceedings.

The claims alleged in the complaint in this action seek both equitable and monetary relief. The Civil Court has no jurisdiction to grant equitable relief and, as such, the action may not be transferred there as a matter of law (see, Haskin v Denoyer, 250 AD2d 458, 459). Concur — Ellerin, P. J., Nardelli, Lerner, Andrias and Friedman, JJ.

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Bluebook (online)

265 A.D.2d 267, 697 N.Y.S.2d 34, 1999 N.Y. App. Div. LEXIS 10882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sirota-v-new-york-city-board-of-education-nyappdiv-1999.

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