SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
December 16, 2008
IN THE MATTER OF WALTER MOORMAN, ETC., APPELLANT,
MEADOW PARK REHABILITATION AND HEALTH CARE CENTER, LLC, RESPONDENT.
Appeal from an order of the Supreme Court, Queens County (Dollard, J.), entered June 2, 2008, which denied the petitioner's application to remove an action pending in the Civil Court of the City of New York, to the Supreme Court, Queens County.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
REINALDO E. RIVERA, J.P., ANITA R. FLORIO, DANIEL D. ANGIOLILLO, WILLIAM E. McCARTHY and CHERYL E. CHAMBERS, JJ.
(Index No. 7619/08)
DECISION & ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court did not improvidently exercise its discretion in denying the petitioner's application to remove the action from the Civil Court of the City of New York to the Supreme Court, Queens County (see CPLR 325[b]). The application was based upon the premise that the petitioner intended to assert a counterclaim seeking damages in excess of the Civil Court's $25,000 jurisdictional limit. However, it is clear that the Civil Court has jurisdiction over counterclaims in excess of the monetary limitation (see NY Const, art VI, § 15[b]; Civil Court Act § 208[b]). Moreover, the Supreme Court properly declined to consider the new arguments or new grounds, asserted for the first time in the petitioner's reply papers, in support of the relief sought (see Matter of Allstate Ins. Co. v Dawkins, 52 AD3d 826; Matter of Harleysville Ins. Co. v Rosario, 17 AD3d 677; Matter of TIG Ins. Co. v Pellegrini, 258 AD2d 658).
RIVERA, J.P., FLORIO, ANGIOLILLO, McCARTHY and CHAMBERS, JJ., concur.
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