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Battaly v. Coffin

236 A.D. 807 Court N.Y. App. Div. English

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Majority

p. 807
Dorothy Battaly, an Infant over the Age of Fourteen Years, by John Battaly, Her Guardian ad Litem, Respondent, v. George Coffin, Appellant.

Judgment and order of the City Court of Yonkers unanimously affirmed, with costs. A cause of action, the subject-matter of which is within the general provisions of title 1, chapter 416, Laws of 1893, as amended by chapter 852, Laws of 1930, including section 2, subsection [subdivision] 3, relating to jurisdiction of the City Court of Yonkers, is, so far as parties are concerned, likewise within that jurisdiction if they come within either subdivision [paragraph] “ a ” or subdivision [paragraph] “ b ” of subsection [subdivision] 3. Here the requirements as to residence of defendants in subdivision [paragraph] “ a ” are met. Hence the City Court had jurisdiction over the subject-matter and the person. This interpretation effectuates the legislative purpose respecting enlargement of territorial jurisdiction of the City Court. Moreover, there was a waiver of jurisdiction of the person in this action. Present — Lazansky, P. J., Young, Hagarty, Carswell and Scudder, JJ.