Board of Mgrs. of Green Mtn. Condominium v Rodrigues

[*1] Board of Mgrs. of Green Mtn. Condominium v Rodrigues 2009 NY Slip Op 51373(U) [24 Misc 3d 132(A)] Decided on June 29, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 29, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ
2008-1211 RO C.

Board of Managers of Green Mountain Condominium, Appellant,

against

Richard M. Rodrigues and ALEXANDRA RUBERTI a/k/a ALEXANDRA RODRIGUES, Respondents.

Appeal from a judgment of the Justice Court of the Town of Haverstraw, Rockland County (Peter Branti, Jr., J.), entered February 7, 2008. The judgment, after a nonjury trial, dismissed the complaint.

Judgment affirmed without costs.

The instant action, and a prior action which went to judgment, were commenced based upon a single indivisible cause of action. At trial, plaintiff conceded that the purpose of bringing the multiple actions was to circumvent the monetary jurisdiction of the court. Following the trial, the Justice Court dismissed the complaint.

A single cause of action may not be divided merely for the convenience of the plaintiff in seeking a forum so as to circumvent the monetary jurisdictional limit of the court (see Swiss Hamlet Homeowners Assoc., Inc. v Souza, 13 Misc 3d 87 [App Term, 9th & 10th Jud Dists 2006]). Accordingly, the Justice Court properly dismissed plaintiff's complaint.

The decision and order of this court entered herein on June 2, 2009 are hereby recalled and vacated (see motion decided simultaneously herewith).
Rudolph, P.J., and Molia, J., concur.

Scheinkman, J., taking no part.
Decision Date: June 29, 2009