Berossey v. Kleiner

Motion is made by plaintiffs to transfer a cause in this court to the City Court, on the ground that the damages suffered were much less than originally thought. Defendant *408opposes the application, urging that, while he agrees the action should not remain in the Supreme Court, it should be transferred to the Municipal Court. In view of the opposition to the motion, the motion must be denied. No provision in the Civil Practice Act or rules permits the removal of a cause from the Supreme Court to a lower court on application of one party solely on the ground that an excessive amount has been…