Opinion
2015-1659 P C Appellate Term Docket No. 2015-1765 P C
06-10-2016
Judith Honor and Ronald Kahn, Appellants, v. Leo Jacobo, Respondent.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Lower Court # 1310017
Appeals from smalls claims judgments of the Justice Court of the Town of Philipstown, Putnam County, entered March 23, 2015.
On the court's own motion, it is
ORDERED that the above-captioned appeals are consolidated for the purposes of disposition; and it is further,
ORDERED that the appeals are dismissed and all proceedings taken in the Justice Court in the above-captioned actions, including the judgments entered March 23, 2015, are vacated.
Pursuant to UJCA 1801, the Justice Court has jurisdiction over small claims actions "for money only not in excess of three thousand dollars exclusive of interest and costs." In the above-captioned matters, appellants have impermissibly split a single cause of action into two small claims actions, each seeking $3,000. Consequently, the Justice Court and this court lack jurisdiction over these actions (see Klarer v Fischer, 35 Misc 3d 136[A], 2012 NY Slip Op 50776[U] [App Term, 2d Dept, 9th & 10th Jud Dists]).
ENTER:
Paul Kenny Chief Clerk