Anderson v. Safeway Stores, Inc.

This is a motion by plaintiffs in an action to recover damages for personal injuries sustained as a result of a fall in defendant’s store for an order removing the action now on the calendar of the County Court of Westchester County to the Supreme Court and for incidental relief.

The motion is made under section 110 of the Civil Practice Act which provides as follows: “ Mistake in court. No action or special proceeding shall fail or be dismissed on the ground of a mistake in the court in which the action or proceeding is brought, but in such case, a justice of the supreme court, upon such…