BEIZER v. IOANNOU

1759, 104961/08

68 A.D.3d 546 (2009)

2009 NY Slip Op 9301

889 N.Y.S.2d 461

HARRIET BEIZER, Appellant, v. JOHN M. IOANNOU et al., Respondents.

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

Decided December 15, 2009.


While actions under CCA 1812 should be brought in Civil Court where, as here, each of the constituent Small Claims judgments is for less than $25,000 inclusive of interest, costs and disbursements, and thus within Civil Court's monetary jurisdiction (see CCA 211), it does not follow that if such an action is brought in Supreme Court it should be dismissed. Rather the availability of complete relief in Civil Court warrants a transfer of the action to that court (

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