From Casetext: Smarter Legal Research

Herbert v. Jerome

Appellate Term of the Supreme Court of New York, Second Department
Feb 14, 2007
14 Misc. 3d 141 (N.Y. App. Term 2007)
Download
PDF
Check
Treatment

Summary

In Herbert v Jerome, 14 Misc 3d 141 (A), (2007), the Appellate Term held that seeking compensatory damages of $25,000.00 and treble damages of $75,000.00 under RPAPL § 853 was an action which must be brought in Supreme Court because the treble damages claim is beyond the monetary jurisdiction of the court and the court lacks subject matter jurisdiction (See also, Kiros v St.Stephen's Bible College Realty Management, NYLJ, 9/26/01, p. 18, col. 6). There is a difference between the RPAPL § 853 action and one brought under CCA § 1812.

Summary of this case from Griffin v. Crutchfield Associates
See 1 Summary

Opinion

No. 2005-1686 Q C.

February 14, 2007.

Courts — Jurisdiction. New York City Civil Court Act — § 202 (Money actions and actions involving chattels).

Summaries of

Herbert v. Jerome

Appellate Term of the Supreme Court of New York, Second Department
Feb 14, 2007
14 Misc. 3d 141 (N.Y. App. Term 2007)

In Herbert v Jerome, 14 Misc 3d 141 (A), (2007), the Appellate Term held that seeking compensatory damages of $25,000.00 and treble damages of $75,000.00 under RPAPL § 853 was an action which must be brought in Supreme Court because the treble damages claim is beyond the monetary jurisdiction of the court and the court lacks subject matter jurisdiction (See also, Kiros v St.Stephen's Bible College Realty Management, NYLJ, 9/26/01, p. 18, col. 6). There is a difference between the RPAPL § 853 action and one brought under CCA § 1812.

Summary of this case from Griffin v. Crutchfield Associates
Case details for

Herbert v. Jerome

Case Details

Full title:GEORGE HERBERT, Appellant v. PIERRE J. JEROME, Respondent

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Feb 14, 2007

Citations

14 Misc. 3d 141 (N.Y. App. Term 2007)
2007 N.Y. Slip Op. 50351

Citing Cases

Time Record Storage Co. v. Elliot

The Civil Court denied the motion. Inasmuch as the Small Claims Part of the Civil Court lacked subject matter…

State Farm Fire & Cas. Co. v. Russell

Although the complaint in this subrogation action sets forth two causes of action, one for $10,391.73 and the…

7 Citing Cases