| Sunrise Family Med., P.C., As Assignee of John V. Mahabir v N.Y. Cent. Mut. Fire Ins. Co. |
| Motion No: 2015-01158 SC |
| Slip Opinion No: 2016 NY Slip Op 71532(U) |
| Decided on April 18, 2016 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Sunrise Family Medical, P.C., as Assignee of John V. Mahabir, Respondent, v N.Y. Central Mut. Fire Ins. Co., Appellant. |
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