Elkort v. 490 West End Avenue Co.

McGivern, J. P. (dissenting).

I would affirm the denial of the motion to dismiss the complaint for lack of jurisdiction and reverse only so much of the order as allowed an increase of the ad damnum clause. That the courts have jurisdiction has been repeatedly maintained. (Gilligan v. Tishman, 283 App. Div. 157, 164, affd. 306 N. Y. 974; Barbee v. 2639 Corp., 284 App. Div. 298, 301; Cooper v. Castagnello, 64 Misc 2d 448.) The utter impotency of the administrative relief is patent from the lapse of time since the fire, due to the defendant’s negligence, June 11,1969, and the order of the City…