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MTR. OF SEABERG EL. CO. v. CITY COURT, N. Y. C.

17 Misc.2d 115 (1956)

In the Matter of Seaberg Elevator Co., Inc., Petitioner, v. City Court of the City of New York, County of Kings et al., Respondents.

Supreme Court, Kings County.

August 24, 1956.

Attorney(s) appearing for the Case

Doherty & Doherty (James A. Doherty, Jr., of counsel), for petitioner.

Bernard Hefenstein and Abraham Richmond for Harmas Holding Corporation.

CHARLES J. BECKINELLA, J.

This is an application, made pursuant to article 78 of the Civil Practice Act, for an order in the nature of an order of prohibition. Petitioner seeks to restrain the City Court of the City of New York and a Justice of that court from continuing to assume jurisdiction in an action to recover damages for personal injuries. In that action petitioner, a defendant, moved to dismiss the...

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