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THE CADLE COMPANY v. LISA

46 A.D.3d 422 (2007)

848 N.Y.S.2d 626

THE CADLE COMPANY, Appellant, v. JAMES LISA, Respondent.

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

Decided December 20, 2007.

Plaintiff moved for summary judgment pursuant to CPLR 3213 to domesticate a $13,230.05 judgment obtained in Superior Court of New Jersey upon defendant's default. Supreme Court, in essence, transferred the matter to Civil Court pursuant to CPLR 325 (d). While Supreme Court may, in its discretion, remove an action without consent to Civil Court where it appears that the amount of damages sustained may be less than demanded, Supreme...

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