Liberty Moving and Storage Co., Inc. v George J. Cumella

Liberty Moving & Stor. Co., Inc. v Cumella 2006 NY Slip Op 03548 [29 AD3d 537] May 2, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 19, 2006

Liberty Moving and Storage Co., Inc., Appellant,
v
George J. Cumella et al., Respondents.

—[*1]In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, by permission, from an order of the Supreme Court, Suffolk County (Molia, J.), dated May 6, 2005, which, sua sponte, removed the matter to the County Court, Suffolk County.

Ordered that the order is reversed, on the law, without costs or disbursements, and the Clerk of the County Court, Suffolk County, is directed to deliver to the Clerk of the Supreme Court, Suffolk County, all papers filed in this action and certified copies of all minutes and entries (see CPLR 511 [d]).

The Supreme Court erred in removing this action to the County Court (see CPLR 325 [d]). Schmidt, J.P., Crane, Krausman, Skelos and Lunn, JJ., concur.