Allen v. Wolkof & Ætna Accident & Liability Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Delia Allen, from an order and determination of the Appellate Term of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 4th day of January, 1918, affirming a judgment of the Municipal Court of the City of New York, Borough of Brooklyn, Fourth District, dismissing the complaint in an action upon a marshal’s bond.
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Appeal by the plaintiff, Delia Allen, from an order and determination of the Appellate Term of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 4th day of January, 1918, affirming a judgment of the Municipal Court of the City of New York, Borough of Brooklyn, Fourth District, dismissing the complaint in an action upon a marshal’s bond. The complaint for $2,000 was held to exceed the limit of the jurisdiction of the Municipal Court. (102 Mise; Rep. 122.)
1Opinion of the Court
Putnam, J.:
We have to construe Laws of 1915, chapter 279, section 6, subdivision 2, being the act called the New York City Municipal Court Code. Section 6 sets forth and defines the *635jurisdiction as now enlarged. Subdivision 1 states that such jurisdiction is over seven different actions “ when the amount claimed in the summons does not exceed one thousand dollars, exclusive of interest and costs.” This is followed by subdivision 2.
“ 2. Of the following actions and proceedings: an action to recover a chattel or chattels the aggregate value of which does not exceed one thousand dollars, with or…
2Cited by2 opinions
- City of New York v. KaiserNew York Court of Special Session · 1925
- Carolan v. Louis Einsidler & Sons, Inc.New York Supreme Court · 1958