Trussell v. Strongo

Appellate Division of the Supreme Court of New York

Trussell v. Strongo

29 A.D.2d 851, 288 N.Y.S.2d 125, 1968 N.Y. App. Div. LEXIS 4429

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

DecidedMarch 12, 1968

StatusPublished

Cited by1 cases

This text of 29 A.D.2d 851 (Trussell v. Strongo) 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

Trussell v. Strongo, 29 A.D.2d 851, 288 N.Y.S.2d 125, 1968 N.Y. App. Div. LEXIS 4429 (N.Y. Ct. App. 1968).

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Opinion

Order entered June 2, 1967, which denied defendants’ motion to dismiss the action for failure to prosecute, ordered the substitution of Samuel Salti for the deceased defendant Jennie Salti and directed an examination before trial of all defendants and order entered August 24, 1967 denying defendants’ motion to vacate the order of June 2, 1967 unanimously affirmed, without costs or disbursements. Costs have been denied because the record suggests no reason why this action was not brought in the Civil Court. As this court holds in Midtown Commercial Corp. v. Kelner (29 A D 2d 349), decided simultaneously herewith, the trial court upon submission to it of any matter in a case which properly belongs in the Civil Court should of its own motion transfer the case to that court, pursuant to the power granted by article VI (§ 19, subd. a) of the New York State Constitution, unless a plaintiff can advance a valid reason to retain jurisdiction in the Supreme Court. Concur — Eager, J. P., Steuer, Capozzoli, McGivern and Rabin, JJ.

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Order entered June 2, 1967, which denied defendants’ motion to dismiss the action for failure to prosecute, ordered the substitution of Samuel Salti for the deceased defendant Jennie Salti and directed an examination before trial of all defendants and order entered August 24, 1967 denying defendants’ motion to vacate the order of June 2, 1967 unanimously affirmed, without costs or disbursements. Costs have been denied because the record suggests no reason why this action was not brought in the Civil Court. As this court holds in Midtown Commercial Corp. v. Kelner (29 A D 2d 349), decided simultaneously herewith, the trial court upon submission to it of any matter in a case which properly belongs in the Civil Court should of its own motion transfer the case to that court, pursuant to the power granted by article VI (§ 19, subd. a) of the New York State Constitution, unless a plaintiff can advance a valid reason to retain jurisdiction in the Supreme Court. Concur — Eager, J. P., Steuer, Capozzoli, McGivern and Rabin, JJ.

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Bluebook (online)

29 A.D.2d 851, 288 N.Y.S.2d 125, 1968 N.Y. App. Div. LEXIS 4429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trussell-v-strongo-nyappdiv-1968.

Opinion

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