Cano v. L.I.L.C.O.

OPINION OF THE COURT

Eli H. Mellan, J.

Motion for an order seeking to dismiss the defendant’s counterclaim for jurisdictional reasons is denied.

This action was commenced by an individual plaintiff against a corporation in the Night Small Claims Court Part of this court. The defendant corporation interposed a counterclaim in the sum of $338.18. Plaintiff’s motion seeks an order dismissing defendant’s counterclaim on the grounds that it may not properly be interposed by a corporation In a Small Claims Court action.

Plaintiff relies upon the provisions of section 1809 (subd 1) of the UDCA, which…