Kornfeld v. Wagner

Chief Judge Desmond.

Although there is some argument about it in the briefs, this litigated matter is quite plainly a special proceeding (of the same sort as Matter of Victor v. de Maziroff, 300 N. Y. 631, 686) brought under section 110-a of the Civil Practice Act for removal of an action from a court of limited jurisdiction (former City Court, Kings County) to the Supreme Court. At Special Term removal was refused. The Special Term Justice noted that plaintiff in this personal injury case had sought to bring in as a new element justifying removal an assertion of additional damages in the…