Mandel v. Fertig

Decided December 15, 1909

New York Supreme Court · decided 1909-12-15

Municipal Courts — Jurisdiction — Municipal court — Action for forcible entry and detainer. The Municipal Court of the city of New York lias no jurisdiction of an action for forcible entry and detainer. Where, in an action brought in the City Court of the city of New York for forcible entry and detainer, plaintiff recovers judgment for fifty dollars, he is entitled to tax costs.

Cited by 2 later decisions — most recently January 1938

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1909-12-15

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Green, J.

¶1This is a motion to compel the clerk of this court to tax the costs in this action. The action was for forcible entry and detainer. Upon the trial the plaintiff recovered judgment for-fifty dollars, which ivas tried under the statute. The clerk refused to tax the costs upon the ground that the Municipal Court had jurisdiction of the action. While it is true that the Municipal Court has jurisdiction in an action for trespass, I find no authority giving it jurisdiction in such an action as the case at bar. The Municipal Court Act gives to that court jurisdiction in an action for an injury to property, but I am of the opinion that the action at bar is not such an injury within the meaning of the section involved. The motion to compel the clerk to tax costs is, therefore, granted.

¶2Motion granted.