Francilion v. Epstein

In a negligence action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Held, J.), dated September 17, 1987, which denied his motion to remove the action from the Civil Court of the City of New York to the Supreme Court, and (2) an order of the same court, dated February 26, 1988, which denied his renewed motion for the same relief.

Ordered that the orders are affirmed, with one bill of costs.

Proper procedure dictates that a motion to remove an action from the Civil Court to the Supreme Court pursuant to CPLR 325 (b) must be…