Allen v. Wolkof
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, fourth district, rendered October 30, 1917, in favor of the defendants dismissing the complaint, with costs.
1Opinion of the CourtCallaghan, J.
Plaintiff appeals from a judgment of the Municipal Court dismissing the complaint, after a motion made for that relief. The motion was for judgment on the pleadings.
The single question involved in this appeal is the jurisdiction of the Municipal Court to entertain an action against the surety on the official bond of a marshal when the amount claimed exceeds $1,000. The court below held that the Municipal Court had no such jurisdiction.
The plaintiff seeks to maintain this action by virtue of subdivision 2 of section 6 of the Municipal Court Code. That subdivision, after making provisions for…
2Cases cited1 opinion
- Lewkowicz v. . Queen Aeroplane Co.New York Court of Appeals · 1913
3Cited by1 opinion
- Carolan v. Louis Einsidler & Sons, Inc.New York Supreme Court · 1958