Beauchamp v. Lucander

Full title: VALDIVIA BEAUCHAMP, Appellant, v. HENRY LUCANDER, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 21, 1999

257 A.D.2d 494 (N.Y. App. Div. 1999)

684 N.Y.S.2d 217

Opinion

January 21, 1999.

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).

Transfer to Supreme Court was properly denied because at the time the motion therefor was made, a stipulation discontinuing the action was in effect, and thus there was no action pending within the meaning of CPLR 325 (b) to be transferred ( cf., Anderson v. Monticup, 124 A.D.2d 320). In any event, the proposed amended complaint fails to allege facts that, if true, indicate damages beyond the jurisdiction of the Civil Court ( see, Matter of Victor v. de Maziroff, 275 App. Div. 69, affd 300 N.Y. 686).

Concur — Rosenberger, J.P., Ellerin, Tom and Saxe, JJ.