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GARFINKLE v. KAPLAN

77 Misc.2d 1097 (1974)

Howard Garfinkle, Plaintiff, v. Saul Kaplan, Defendant.

Civil Court of the City of New York, New York County.

Motion to resettle July 9, 1974.

Attorney(s) appearing for the Case

Stanley Alter for plaintiff. Stanley Posess for defendant.

BURTON S. SHERMAN, J.

While the result will be more troublesome than fatal, this motion, still illustrates one of the procedural problems which arise because of the limited jurisdiction of the Civil Court and presents one more reason why the State Supreme Court and the Civil Court of the City of New York should be consolidated.

The plaintiff moves to dismiss two counterclaims pursuant to CPLR 3211 (subd. [a], par. 2) for lack of jurisdiction of...

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