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R & T HOLDING CORP. v. COMMACK REALTY, INC.

30 A.D.3d 574 (2006)

816 N.Y.S.2d 382

R & T HOLDING CORP., Appellant, v. COMMACK REALTY, INC., Respondent.

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

June 20, 2006.

Ordered that the order is affirmed, with costs.

Under the circumstances, the Supreme Court providently exercised its discretion in denying the plaintiff's motion. The plaintiff failed to demonstrate that this action was "mistakenly" commenced in the District Court (see CPLR 325 [a]) or that she is entitled to money damages in an amount that the District Court was without jurisdiction to award (see CPLR 325...

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