| Benitez v Calderon |
| 2008 NY Slip Op 50703(U) [19 Misc 3d 134(A)] |
| Decided on March 25, 2008 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Justice Court of the Town of Cortlandt, Westchester County
(Gerald M. Klein, J.), entered December 11, 2006. The judgment, insofar as appealed from, after
a nonjury trial, implicitly dismissed plaintiff's cause of action for replevin.
Judgment, insofar as appealed from, affirmed without costs.
In this small claims action, plaintiff sought, as one of his causes of action, the return of a
vehicle. The Small Claims Part of the Justice Court lacked jurisdiction over
this cause of action, which was, in effect, for replevin (UJCA 1801). Accordingly, the
judgment, insofar as appealed from, is affirmed (see UJCA 1807).
Rudolph, P.J., Molia and Scheinkman, JJ., concur.
Decision Date: March 25, 2008