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TEW v. LONG ISLAND RAIL RD. CO.

40 A.D.2d 840 (1972)

Edward I. Tew, Respondent, v. Long Island Rail Road Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 1972

Order reversed, without costs, and motion denied.

The only factor in favor of granting the retransfer of the action to the Supreme Court is that plaintiff might possibly be able to prove damages in excess of the monetary jurisdiction of the District Court. However, the factors against granting the motion greatly outweigh the fact that in the District Court plaintiff would be limited to a maximum recovery of $6,000 in damages...

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