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SANTIAGO v. BROOME ST. PARKING LOT

247 A.D.2d 338 (1998)

669 N.Y.S.2d 208

Lillian Santiago, Appellant, v. Broome Street Parking Lot et al., Respondents

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

February 26, 1998

The transfer to Civil Court was an abuse of discretion in view of the seriousness of the injuries alleged and the absence of "the slightest suggestion that the damages sustained may be less than those demanded" (American Home Assur. Co. v Rhulen Agency, 147 A.D.2d 413). Contrary to the court's statement, liability considerations are not a basis for such removal. Plaintiff's motion to strike...

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