Samuel v Tabass

[*1] Samuel v Tabass 2004 NY Slip Op 50452(U) Decided on May 20, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 20, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.
NO. 2003-1056 K C

NATHAN SAMUEL, Appellant,

against

ABE TABASS, Respondent.

Appeal by plaintiff, as limited by his brief, from a judgment of the Civil Court, Kings County (R. Garson, J.), entered July 29, 2003, dismissing the action after an inquest.

Judgment unanimously affirmed without costs.

A review of the record indicates that plaintiff sought judgment in the sum of $125,000 which was beyond the monetary jurisdictional limit of the Civil Court (see CCA 201, 202). In any event, at the inquest, plaintiff failed to establish his prima facie case. Accordingly, we find that the court below properly dismissed the action.

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Decision Date: May 20, 2004