Legal Opinion

Lewkowicz v. . Queen Aeroplane Co.

New York Court of Appeals

Decided January 28, 1913PublishedCited by 25 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 26, 1912, which reversed an order of the Appellate Term affirming an order of the City Court of the city of New York denying a motion to reduce the amount of a judgment theretofore entered in the above-entitled action, and granted said motion. The facts, so far as material, and the question certified are stated in the opinion.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 26, 1912, which reversed an order of the Appellate Term affirming an order of the City Court of the city of New York denying a motion to reduce the amount of a judgment theretofore entered in the above-entitled action, and granted said motion. The facts, so far as material, and the question certified are stated in the opinion. Chapter 569 of the Laws of 1911 gave the City Court no new jurisdiction. It did not “ confer” on the City Court any jurisdiction. It…

1Opinion of the Court

Cullen, Ch. J.

There is hut one question presented upon this appeal, the constitutionality of chapter 569, Laws of 1911, which amended section 315 of the Code of Civil Procedure so as to raise the amount for which the City Court of the city of New York was authorized to render judgment in actions for the recovery of money only from the sum of $2,000 to the sum of $5,000. The provision of the Constitution which it is contended the statute in question contravenes is section 18 of article 6: “ Inferior local courts of civil and criminal jurisdiction may be established by the Legislature, but no…

2Cases cited5 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  3. People Ex Rel. Swift v. . LuceNew York Court of Appeals · 1912
  4. People Ex Rel. Henderson v. Board of SupervisorsNew York Court of Appeals · 1895
  5. Koch v. Mayor of New YorkNew York Court of Appeals · 1897

3Cited by25 opinions

  1. American Historical Society, Inc. v. GlennNew York Court of Appeals · 1928
  2. Mitchell v. SchroederAppellate Terms of the Supreme Court of New York · 1916
  3. Heihs v. ReinbergAppellate Terms of the Supreme Court of New York · 1930
  4. Friedman v. MindlinCity of New York Municipal Court · 1915
  5. Lotz v. Standard Vulcanite Pan Co.Appellate Terms of the Supreme Court of New York · 1917

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