Legal Opinion

Hamburger v. Hellman

Appellate Terms of the Supreme Court of New York

Decided December 7, 1904Published

Appeal from Municipal Court, Borough of Manhattan, Thirteenth District. Action by Barnett Hamburger and another against Meyer Heilman. From a judgment for plaintiffs, defendant appeals.

1Per curiam

The summons in this action demands a judgment for $500 and interest. The pleadings are oral. Plaintiff’s bill of particulars sets forth claims aggregating $507.33. Under the decision of this court in Pierson v. Hughes, 88 N. Y. Supp. 1059, the Municipal Court has no jurisdiction in the action, and the judgment herein must be reversed, and the complaint dismissed, with costs, but, in order to settle this question, with leave to the respondent to appeal to the Appellate Division.

2Cases cited1 opinion

  1. Pierson v. HughesAppellate Terms of the Supreme Court of New York · 1904