Legal Opinion

Martin v. Waldbaum's Supermarket

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 1991PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated November 29, 1989, which denied her motion to remove the action from the Civil Court, Queens County, to the Supreme Court, Queens County.

Ordered that the order is affirmed, without costs or disbursements.

A motion to remove an action from the Civil Court to the Supreme Court pursuant to CPLR 325 (b) must be accompanied by a request for leave to amend the ad damnum clause of the complaint pursuant to CPLR 3025 (b) (McLaughlin, Practice Commentaries,…

2Cases cited2 opinions

  1. Huston v. RaoAppellate Division of the Supreme Court of the State of New York · 1980
  2. Francilion v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by2 opinions

  1. Mears v. Chrysler Financial Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Hart v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2018

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