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AMERICAN MUTUAL LIABILITY INSURANCE COMPANY v. SAM BOVA ET AL. (04/28/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


April 28, 1969

AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, APPELLANT,
v.
SAM BOVA ET AL., INDIVIDUALLY AND AS CO-PARTNERS DOING BUSINESS AS BOKAP BUILDERS, RESPONDENTS

Concur -- Capozzoli, J. P., Tilzer, McGivern, Markewich and Nunez, JJ.

Order entered September 17, 1968 denying plaintiff's motion for summary judgment unanimously affirmed, with $50 costs and disbursements to defendant-respondent. The court notes, however, that the record discloses no reason why the suit herein -- to recover the sum of $1,886.91 -- was not commenced in the Civil Court. The case is therefore remanded to Special Term for the purpose of transferring the action to the Civil Court unless plaintiff advances a proper reason for retaining jurisdiction in the Supreme Court. (Midtown Commercial Corp. v. Kelner, 29 A.D.2d 349, 351; Trussell v. Strongo, 29 A.D.2d 851; N. Y. Const., art. VI, ยง 19, subd. a).

19690428

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