Law1103 Civil Law & Procedure

Jonathan Loaiza

2019

Civil Law

 

 

Shaw v. Point Lookout Toys, LLC., 58 Misc.3d 789(N.Y. City Ct. 2018)

 

Procedural: Shaw’s seeking to recover $5,000 alleging that they were entitled to the return of a security deposit they provided to the defendant in connection with a residential lease.

 

Statement of fact: small claims matter arsis out a dispute involving a multi-million-dollar beachfront property located at 110 Ocean Boulevard in Point lookout, New York. Plaintiff file first 5,250 at New York City Court but court request to drop 250 to file 5,000 dollars to be able to file at small claim court

 

Issues: Whether small claims is the right for the plaintiff to dispute the case. Plaintiff argued whether the irrespective of the Supreme Court action, the instant action should be litigated in the small claim court.

 

Holding rule of law: Unlimited monetary jurisdiction with respect to counter-claim (does the city of Long beach have any jurisdiction on the Supreme Court?) No.

 

Reasoning Analysis: (stay a case) paused

 

Disposition: Defendant denied Dismissal, stay of instant Damages, Action pending, suit in Supreme Court.

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