Plunkett v. Bain
City of New York Municipal Court
1Opinion of the CourtEvans, J.
In negligence actions the jurisdiction of this court is limited to $3,000 or less (State Const, art. 6, § 15; N. Y. City Court Act, § 16, subd. 1). The Federal courts can take no jurisdiction, in diverse citizenship cases, unless the amount involved exceeds $3,000, exclusive of interest and costs. (U. S. Code, tit. 28, § 41; 28 U. S. C. A. § 41, subd. 1.) So that a cause of action in negligence, which this court has jurisdiction of, may not be removed to the Federal courts, because a court having jurisdiction should not remove a cause to a court not having jurisdiction thereof. On the other…
2Cases cited5 opinions
- Title Guaranty & Surety Co. v. Idaho Ex Rel. AllenSupreme Court of the United States · 1916
- Spetler v. Jogel Realty Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Dobrikin v. Union Railway Co.City of New York Municipal Court · 1927
- New England Tire & Sales Co. v. Kelly-Springfield Tire Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Masters v. Traders National BankNew York Supreme Court · 1927