Mutual Life Insurance v. Cassiere

OPINION OF THE COURT

Martin B. Klein, J.

The motion of plaintiff, Mutual Life Insurance Compány of New York, to remove and transfer to this court an action currently pending in the Small Claims Part and to consolidate the two is denied.

It is not disputed that both actions present common questions of law and fact. However, the relief sought by movant would tend to violate the policy underlying the creation of Small Claims Court, i.e., the expeditious and simplified *396method of disposition of claims brought therein. Moreover, it would tend to circumvent the recently enacted statutory prohibition…