Opinion
Motion No: 2017-01019 QC
10-18-2017
State Farm Fire and Casualty Company, as Subrogee of Wesly Corvoisier, Appellant, v. Nickesha I. Russell, Respondent.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Queens County, entered March 17, 2017. The order, insofar as appealed from, granted the branch of a motion by respondent seeking to vacate the Department of Motor Vehicles' suspension of respondent's driver's license.
On the court's own motion, it is
ORDERED that the appeal is dismissed and all proceedings taken in the Civil Court, including the order entered March 17, 2017, are vacated.
Pursuant to CCA 202, the Civil Court has jurisdiction over money actions in which the amount sought to be recovered does not exceed $25,000. Although the complaint in this subrogation action sets forth two causes of action, one for $10,391.73 and the other for $22,500, the complaint demands judgment in the sum of $32,891.73 for what is in fact essentially a single subrogation cause of action arising from one insurance policy with respect to one accident. Consequently, both the Civil Court and this court lack jurisdiction over this action (see Herbert v Jerome, 14 Misc 3d 141[A], 2007 NY Slip Op 50351[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2007]).
ENTER:
Paul Kenny
Chief Clerk