Fordham Rent A Car Corp. v. Hyman

OPINION OF THE COURT

Martin B. Klein, J.

Plaintiff’s motion to remove and consolidate the matter of Hyman v Pepper (Civ Ct of City of NY, Bronx County, Small Claims Index No. 1776/81) with the above-captioned action in the daytime part of the Civil Court, County of Bronx, is denied.

For this court to direct the removal of the small claims action would ignore the intended purpose of the 1979 amendment of subdivision (b) of section 1805 of the New York City Civil Court Act (CCA) which seeks to prevent divestiture of small claims jurisdiction by reason of a defendant’s interposition of a…