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LASZLO ROTTENBERG v. ANGELINA CIRILLO (10/16/68)

NEW YORK SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT


October 16, 1968

LASZLO ROTTENBERG, APPELLANT,
v.
ANGELINA CIRILLO, RESPONDENT

Appeal from an order of the Civil Court of the City of New York, County of Kings (Ross J. Di Lorenzo, J.), entered February 26, 1968 which, on motion of defendant-respondent, vacated and set aside her certificate of satisfaction of a money judgment which had been entered in said court in her favor and against plaintiff-appellant on November 9, 1966, and which vacated and set aside a general release which she had also executed to said plaintiff-appellant, and which vacated a stay of a bailable attachment which had been issued in enforcement of her judgment.

Concur -- McDonald, P. J., Margett and Schwartzwald, JJ.

Author: Per Curiam

The Civil Court of the City of New York lacks jurisdiction to grant affirmative equitable relief to vacate and set aside a general release and satisfaction of judgment (N. Y. Const., art. VI, § 15, subd. b; CCA, § 201 et seq.). Section 212 of the New York City Civil Court Act does not expand the jurisdiction of that court to include equitable jurisdiction not elsewhere specifically conferred (Kwoczka v. Dry Dock Sav. Bank, 52 Misc. 2d 67; Geiger Roofin Co. v. Thompson, 54 Misc. 2d 718).

The order should be unanimously reversed, without costs, and motion denied without prejudice to a plenary action in the proper forum, if respondent be so advised.

Order reversed, etc.

Disposition

Order reversed, etc.

19681016

© 1998 VersusLaw Inc.



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