Legal Opinion
O'Connor v. La Papila
City of New York Municipal Court
Decided November 9, 1956PublishedCited by 1 opinion
1Opinion of the CourtCharles A. Loreto, J.
On a trial calendar call, the defendant moved for the dismissal of this action on the ground that the court lacked jurisdiction to entertain it. As the demand for judgment on the face of the summons was for an amount in excess of the limit authorized for the Municipal Court (N. Y. City Mun. Ct. Code, § 6), the motion was granted. The defendant thereupon requested the court to award him costs. Decision was reserved on this motion.
The question presented is what award of costs may be made where the suit is dismissed for want of jurisdiction of the subject matter.
The correct answer to this…
2Cases cited22 opinions
- Mayor v. CooperSupreme Court of the United States · 1868
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Claim of Doey v. Clarence P. Howland Co.New York Court of Appeals · 1918
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
17 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sharp v. KiesermanNew York City Family Court · 1980