Tew v. Long Island Rail Road

In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Suffolk County, entered April 21, 1972, which granted plaintiff’s motion, pursuant to CPLR 325 (subds. [a], [b]), to remove the action from the District Court, Suffolk *841County, First District, to the Supreme Court, Suffolk County. Order reversed, without costs, and motion denied. The only factor in favor of granting the retransfer of the action to the Supreme Court is that plaintiff might possibly be able to prove damages in excess of the monetary jurisdiction of the District…