Petikas v. Atco Marine Corp.

Judgment, entered August 5, 1968, and order, entered July 24, 1968, granting plaintiff’s motion for partial summary judgment, modified, on the law, so as -to deny summary judgment as against the individual defendants and to eliminate the provision in the judgment for costs and disbursements, the action severed as to the corporate defendant, and, as so modified, affirmed, without costs or disbursements to any party. Plaintiff having recovered less than $6,000 is not entitled .to costs, since the ¡action could have been brought in the Civil Court of the City of New York (CPLR 8102). If recovery…