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KLEIN v. 124-132 WHITE ST., INC.

41 Misc.2d 601 (1963)

Al Klein, Appellant, v. 124-132 White Street, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

December 3, 1963

Attorney(s) appearing for the Case

Stanley E. Gould for appellant. Tropp & Steinbock (I. Sidney Worthman of counsel), for respondent.

Concur — BROWN, GULOTTA and GROAT, JJ.

Per Curiam.

Section 192 (subd. c, par. [2]) of the New York City Civil Court Act does not preclude consideration of a motion to increase the ad damnum clause above $3,000 on the merits, simply because the case was originally instituted in the Municipal Court and transferred automatically. (Cohen v. Bezold, 37 Misc.2d 1081; Dolce v. Cayuga Foundation Corp., 38 Misc.2d 1078

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