Carroll v. Depew — 137 N.Y.S. 880

Majority

p. 880

CARROLL v. DEPEW.

(Supreme Court, Appellate Term, First Department.

November 8, 1912.)

Courts (§ 188*)—City Court of New York—Jurisdiction.

The City Court of New York has no jurisdiction of an action for an accounting.

, [Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 439, 440, 442, 447, 448, 451, 452, 454, 458, 464, 465, 467, 468; Dec. Dig. § 188.*]

♦For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Itep'r Indexes

Appeal from City Court of New York, Trial Term.

Action by Julia C. Carroll against Mitchell Depew. From a judgment for plaintiff, defendant appeals.

Reversed, and complaint dismissed.

Argued October term, 1912, before SEABURY, GUY, and BI-JUR, JJ.

p. 881

John W. Hutchinson, Jr., of New York City, for appellant.

John C. Coleman, of New York City, for respondent.

The complaint, as finally amended, stated a cause of action for an accounting, of which the court below had no jurisdiction.

It follows that the judgment should be reversed, with costs, and the complaint dismissed, with costs, without prejudice.