In re Sunrise Family Med., P.C.

Full title: Sunrise Family Medical, P.C., as Assignee of John V. Mahabir, Respondent…

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Apr 18, 2016

2016 N.Y. Slip Op. 71532 (N.Y. App. Term 2016)

Opinion

Motion No: 2015-01158 SC

04-18-2016

Sunrise Family Medical, P.C., as Assignee of John V. Mahabir, Respondent, v. N.Y. Central Mut. Fire Ins. Co., Appellant.

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the District Court of Suffolk County, Forth District, entered March 30, 2015.

On the court's own motion, it is

ORDERED that the appeal is dismissed and all proceedings taken in the District Court, including the order entered March 30, 2015, are vacated.

Pursuant to UDCA 202, the District Court has jurisdiction over money actions in which the amount sought to be recovered does not exceed $15,000. In the instant case, the complaint alleges a single cause of action for which it demands judgment in the sum of $15,501.42 plus interest. Consequently, the District Court and this court lack jurisdiction over this action (see Klarer v Fischer, 35 Misc 3d 136[A], 2012 NY Slip Op 50776[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2012]).

ENTER:

Paul Kenny

Chief Clerk