Peoples Nat. Bank of Rockland County v. Yodowitz

• Decision Date: 18 June 1979
• Citation: 417 N.Y.S.2d 849,99 Misc.2d 978
• Parties: PEOPLES NATIONAL BANK OF ROCKLAND COUNTY, Plaintiff, v. Martin YODOWITZ, Defendant. /Special Term
• Court: New York County Court

Page 849

417 N.Y.S.2d 849

99 Misc.2d 978

PEOPLES NATIONAL BANK OF ROCKLAND COUNTY, Plaintiff, v. Martin YODOWITZ, Defendant.

Rockland County Court, Trial/Special Term.

June 18, 1979.

Kleinman & Saltzman, P. C., New City, for plaintiff Empire National Bank Building.

Klein & Klein, Suffern, for defendant.

DECISION AND ORDER

HARRY EDELSTEIN, Judge.

This is an action based on a default in the payment of installments on a bank note. The complaint alleges two causes of action asserted by a single plaintiff. The first cause of action is for $9,259.16 for the entire balance of the note due, and the second is for $1,851.83 for attorney's fees incurred in the collection of the balance due, based on an agreement in the note.

The defendant has moved pursuant to CPLR 3211(a)(2) to dismiss the complaint on the ground that this court lacks subject matter jurisdiction.

Relying on the clear and express language in the New York State Constitution and in the Judiciary Law ¹, this court held in Silverman v. Abdul, 85 Misc.2d 11, 379 N.Y.S.2d 671 (1976) that in a complaint By a single plaintiff the $10,000 jurisdictional limitation applies to the total amount in the complaint and not to each individual cause of action. The same result was reached in Mennella Foods v. Neptune's, 74 Misc.2d 839, 841, 346 N.Y.S.2d 43, 45 (1977). ²

The case of Baron v. Bobroy, Inc., 11 A.D.2d 766, 205 N.Y.S.2d 173 (2nd Dep't. 1960) contains language to the effect that the $10,000 limitation applies to each cause of action within the complaint. A careful reading of that case reveals that the $10,000 limitation was applied to each individual cause of action when there were multiple plaintiffs, and each cause of action was on behalf of a different plaintiff. In that situation each cause of action is treated as a separate complaint. Merten v. Queen Rental Corp., 241 A.D. 831, 271 N.Y.S. 271 (2nd Dep't. 1934). Contra Weber v. Kowalski, 85 Misc.2d 349, 358 n.2, 376 N.Y.S.2d 996, 1007 (1975).

Pursuant to Section 19 (subd. b) Article 6 of the New York State Constitution it is

ORDERED, that this case be transferred to the Supreme Court, County of Rockland.

1 Subdivision a of Section 11 of Article 6 of the Constitution in relevant part provides that: "The county court shall have jurisdiction over . . . actions and proceedings for the recovery of money, . . . where the amount sought to be recovered . . . does not exceed six thousand dollars exclusive of interest and costs . . . ." Pursuant to...