Legal Opinion

Torres v. Falk

Rochester City Court

Decided October 18, 2002Published

1Opinion of the Court

OPINION OF THE COURT

Stephen K. Lindley, J.

When the defendant in a small claims case requests a jury trial, the case is transferred from the Small Claims Part of City Court to the regular part of the court. The question presented is whether the formal rules of evidence and procedure apply to the jury trial, or whether the informal and simplified *429procedures governing small claims apply. For the reasons that follow, the court rules that the small claims procedures apply.

The relevant facts may be quickly stated. On March 25, 2002, plaintiff commenced this proceeding in Rochester City Court as a…

2Cases cited4 opinions

  1. Javeline v. Long Island RailroadCivil Court of the City of New York · 1981
  2. MacCollam v. ArlingtonAlbany City Court · 1978
  3. Victoria Kitchens, Inc. v. LeinerCivil Court of the City of New York · 1988
  4. Hannon v. Republic Steel Corp.New York City Court · 1979

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