Tobias v. New York Hospital

Full title: MARILYN TOBIAS, PH.D., PLAINTIFF-APPELLANT, v. NEW YORK HOSPITAL, ET AL.…

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

Date published: Jan 23, 2001

279 A.D.2d 374 (N.Y. App. Div. 2001)

719 N.Y.S.2d 563

Opinion

January 23, 2001.

Order, Supreme Court, New York County (Stanley Sklar, J.), entered April 20, 1999, which transferred this action to the Civil Court of the City of New York, unanimously affirmed, without costs.

Pro Se, for plaintiff-appellant.

Nancy A. Breslow, for defendants-respondents.

Before: Sullivan, P.J., Rosenberger, Tom, Ellerin, Friedman, JJ.

Transfer from Supreme Court to Civil Court was appropriate in this case (CPLR 325[d]; 22 NYCRR 202.13). Plaintiff will sustain no prejudice by reason of the transfer. The action was commenced in the Supreme Court and it is the monetary jurisdiction of that court that will govern any recovery (CPLR 325[d]; Samuels v. Cauldwell-Wingate Co., Inc., 262 A.D.2d 178). We have examined plaintiff's remaining contentions and find them unavailing.