Odze v Wilner

[*1] Odze v Wilner 2007 NY Slip Op 50683(U) [15 Misc 3d 132(A)] Decided on March 28, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 28, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., TANENBAUM and LaCAVA, JJ
2006-1033 RO C.

Alan J. Odze, Appellant,

against

Peter A. Wilner, Respondent.

Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Scott Ugell, J.), entered March 14, 2006. The judgment dismissed the action.

Judgment affirmed without costs.

Plaintiff commenced the instant small claims action in the Justice Court of the Town of Clarkstown to recover the sum of $2,450 for legal malpractice. At trial, defendant moved to dismiss the action, inter alia, on the ground of lack of jurisdiction pursuant to UJCA 1801 and established that he did not "reside[], or ha[ve] an office for
the transaction of business or...regular employment, within the municipality where the court is located" (UJCA 1801). Therefore, the court properly dismissed plaintiff's action for lack of jurisdiction.

Contrary to plaintiff's contention, there is no provision in the Americans with Disabilities Act (42 USC § 12101 et seq.) which would have the effect of expanding the jurisdiction of the Small Claims Part of the Justice Court in cases where the plaintiff is disabled.

Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: March 28, 2007