MUI v. MILLER


226 A.D.2d 182 (1996)

641 N.Y.S.2d 534

Suk Hay Mui, Appellant, v. Robert G. Miller et al., Respondents

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

April 11, 1996


The CPLR 325 (d) transfer was proper given the indication that plaintiff's damages may be less than Civil Court's jurisdictional limit, namely, the settlement of plaintiff's children's claims for $2,250 each and the absence of any evidence that plaintiff's injuries were more severe. In any event, CPLR 325 (d) provides that "[i]f the action is so removed, then the verdict or judgment shall be subject to the limitation of monetary jurisdiction of the court in which the action...

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