| Michael Leibowitz v Town Mgt. Co. & Chaim Babad |
| Motion No: 2015-02728 KC |
| Slip Opinion No: 2016 NY Slip Op 80703(U) |
| Decided on July 21, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Michael Leibowitz, Appellant, v Town Management Co. and Chaim Babad, Respondents. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 11, 2015.
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 August 11, 2015, 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. In the instant case, the complaint alleges causes of action, including a cause of action for punitive damages, for which it demands judgment in the sum of $75,324.45, plus interest. A demand for punitive damages does not constitute a separate cause of action distinct from the substantive cause of action upon which it is grounded (see Rocanova v Equitable Life Assur. Socy. of U.S., 83 NY2d 603, 616-617 [1999]). Thus, appellant is seeking damages in an amount in excess of the $25,000 monetary jurisdictional limit of the Civil Court, and both the Civil Court and this court lack subject matter 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