Legal Opinion

Plunkett v. Bain

City of New York Municipal Court

Decided October 19, 1932Published

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

  1. Title Guaranty & Surety Co. v. Idaho Ex Rel. AllenSupreme Court of the United States · 1916
  2. Spetler v. Jogel Realty Co.Appellate Division of the Supreme Court of the State of New York · 1928
  3. Dobrikin v. Union Railway Co.City of New York Municipal Court · 1927
  4. New England Tire & Sales Co. v. Kelly-Springfield Tire Co.Appellate Division of the Supreme Court of the State of New York · 1925
  5. Masters v. Traders National BankNew York Supreme Court · 1927

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