KESSLER v. ROSENBERG


207 Misc. 143 (1955)

Lester E. Kessler, Plaintiff, v. Jacob Rosenberg et al., Defendants.

Supreme Court, Special Term, Bronx County.

February 10, 1955.


Attorney(s) appearing for the Case

Irving I. Sternberg for plaintiff.

Philip G. Klein for defendants.


FRANK, J.

This is an application to remove the above action from this court to the Municipal Court. The movant candidly concedes that the action was commenced in the Supreme Court because the defendants reside in Nassau County and personal service could not be obtained within the city of New York.

Since the recovery sought by the plaintiff is only $1,000, it is obvious that except for the lack of jurisdiction...

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