Appeal from a judgment of the Civil Court of the City of New York, Kings County, (Arlene Bluth, J.), dated May 16, 2005. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $16,671.24.

Judgment reversed without costs and complaint dismissed without prejudice.

In this action to recover for the loss of the entire contents of plaintiff's apartment after defendant allegedly removed all her personal property therefrom, plaintiff's claim sought $30,000 in damages arising out of the same cause of action, thereby exceeding the $25,000 per cause of action monetary jurisdictional limit of the court (CCA 202, 211). Since the amount of damages sought by plaintiff was not reduced at trial either by motion or by stipulation (see generally Campbell v Fairfield Presidential Assoc., 5 Misc 3d 130[A], 2004 NY Slip Op 51296[U] [App Term, 2d & 11th Jud Dists]; Siegel, NY Prac § 23, at 24-25 [4th ed]; see also Simmons v Simmons, 2 Misc 3d 536 [2003]; Morris v Smithline, 145 Misc 2d 772 [1989]; B & R Textiles Corp. v Empire Bias Binding Co., 126 Misc 2d 965 [1985]), the judgment is reversed and the complaint is dismissed.

We note that the dismissal of the complaint is without prejudice and plaintiff may, if she be so advised, commence a new action in a court having the proper monetary jurisdiction.

Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: February 16, 2007