GAIR CO., INC. v. CAMBRIDGE CARPET, LTD.


160 A.D.2d 371 (1990)

Gair Co., Inc., Appellant-Respondent, v. Cambridge Carpet, Ltd., Respondent-Appellant and Third-Party Plaintiff-Appellant. Bayard Sales Corporation et al., Third-Party Defendants-Respondents

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

April 12, 1990


The CPLR 325 (d) transfer was improper in that there is no indication in the record that plaintiff's damages may be less than the Civil Court's jurisdictional limit of $25,000. (See, American Home Assur. Co. v Rhulen Agency, 147 A.D.2d 413.)

Paragraph 12 of the third-party complaint alleges that the third-party defendants are liable for the unpaid portion of plaintiff's alleged debt to defendant and third-party plaintiff...

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