Ware v. Grossman

OPINION OF THE COURT

Ira J. Raab, J.

Motions to set aside small claims mediator- and arbitrator-assisted stipulations of settlement may be heard by any Judge, and are not required by CPLR 2221 to be referred by the motion Judge to the Small Claims Calendar Judge who sat at the session of the court in which the settlement took place. Nevertheless, motions involving small claims should be returnable in the Small Claims Part of the court, and not in the regular Civil Motion Part.

The motion in this small claims case was made returnable, and was submitted, in the regular Civil Motion Part of this…