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SMITH v. MONARCH LIFE

66 A.D.2d 482 (1979)

Stuart G. Smith, Respondent, v. Monarch Life Insurance Company, Appellant

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

February 28, 1979

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Alexander Geiger of counsel), for appellant.

Stuart G. Smith, respondent pro se.

DOERR and MOULE, JJ., concur with SCHNEPP, J.; CARDAMONE, J. P., and CALLAHAN, J., dissent and vote to affirm the order in an opinion by CARDAMONE, J. P.

SCHNEPP, J.

The defendant appeals from an order denying its motion to remove to Supreme Court a small claims action now pending in the City Court of the City of Rochester. Special Term held that the amount of defendant's counterclaim in controversy does not exceed the sum of $6,000, the limit of City Court's monetary jurisdiction. We disagree.

The defendant issued a health and accident insurance policy...

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