Bazier v. David

Claiming an unlawful rent overcharge, the plaintiff (a tenant) served a summons and “ oral ” complaint upon the defendant (the landlord) in the Municipal Court of the City of New York (N. Y. City Mun. Ct. Code, § 78). The plaintiff seeks to recover the treble damages and reasonable attorney’s fees authorized by the State Residential Rent Law (§ 11, subd. 5; L. 1946, ch. 274, as amd.). The amount sued for is $3,737, which is in excess of the jurisdiction of the Municipal Court (N. Y. City Mun. Ct. Code, § 6). Alleging her mistake in the choice of the court, the plaintiff seeks by this…