Niagara Mohawk Power Corp. v. Bloomfield Building Wreckers, Inc.

OPINION OF THE COURT

Roger J. Miner, J.

Plaintiff seeks an order directing the removal of this action to the City Court of Albany. The action is one to recover for labor and services performed in the City of Troy, Rensselaer County, by plaintiff. The complaint includes a demand for judgment in the sum of $2,669.60.

The motion must be denied. Removal to a court of limited jurisdiction may be ordered only where it appears that the damages sustained may be less than demanded and where the lower court would have jurisdiction but for the amount demanded. (CPLR 325, subd [d]; 22 NYCRR 861.15.)

Here,…