Legal Opinion
Samuels v. Cauldwell-Wingate Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 1999PublishedCited by 5 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered April 28, *1791998, which transferred the action to Civil Court pursuant to CPLR 325 (d), unanimously affirmed, with costs.
The record, which was plaintiffs burden to prepare as appellant, is inadequate to permit review of plaintiffs claim that there is no reason to suppose that its damages are likely to be within Civil Court’s monetary jurisdiction. Indeed, the record is completely bereft of any evidence bearing upon damages. Since no record was made of the conference at which the IAS Court decided to transfer the…
2Cases cited1 opinion
- E. P. Reynolds, Inc. v. Nager Electric Co.New York Court of Appeals · 1966
3Cited by5 opinions
- Delaine v. Finger Lakes Fire & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Tobias v. New York HospitalAppellate Division of the Supreme Court of the State of New York · 2001
- Bess v. Fordham Road Storage Partners, LLCNew York Supreme Court · 2003
- Scherer v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 2002
- Caffrey v. North Arrow Abstract & Settlement Servs., Inc.Appellate Division of the Supreme Court of the State of New York · 2018