| Allstate Ins. Co., As Subrogee of Sharmilla Ruonaraine v Teofilo A. Peralta & Jose D. Grullon |
| Motion No: 2015-02839 QC |
| Slip Opinion No: 2017 NY Slip Op 85090(U) |
| Decided on August 24, 2017 |
| 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
| Allstate Insurance Company, as Subrogee of Sharmilla Ruonaraine, Appellant-Respondent, v Teofilo A. Peralta and Jose D. Grullon, Respondents-Appellants. |
Appeal and cross appeal from an order of the Civil Court of the City of New York, Queens County, entered October 9, 2015. The order granted the branch of a motion by respondents-appellants seeking to vacate a default judgment of the same court entered March 11, 2014 and denied the branch of the motion seeking to dismiss the complaint.
On the court's own motion, it is
ORDERED that the appeal and the cross appeal are dismissed and all proceedings taken in the Civil Court, including the order entered October 9, 2015 and the default judgment entered March 11, 2014, 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 $15,000. Although the complaint in this subrogation action sets forth two causes of action, one for $7,112 and the other for $25,000, the complaint in fact demands judgment in the sum of $32,112 for what is 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