Civil Court Has No Jurisdiction over Triple Damages Claim

July 31, 2006

LVT Number: 19017

Landlord sued tenants' mother, as lease guarantor, to recover back rent owed by tenants. Tenants then sued landlord for rent overcharge. They claimed a willful overcharge of $25,000. With triple damages, the amount they claimed was $75,000. Landlord and tenants agreed to combine the two cases in civil court. But landlord argued that the civil court had no jurisdiction over tenants' money claim. The court ruled against landlord. Landlord appealed and won. Civil court can grant money judgments only up to $25,000. Tenants' claim for $75,000 must be transferred to the Supreme Court.

Landlord sued tenants' mother, as lease guarantor, to recover back rent owed by tenants. Tenants then sued landlord for rent overcharge. They claimed a willful overcharge of $25,000. With triple damages, the amount they claimed was $75,000. Landlord and tenants agreed to combine the two cases in civil court. But landlord argued that the civil court had no jurisdiction over tenants' money claim. The court ruled against landlord. Landlord appealed and won. Civil court can grant money judgments only up to $25,000. Tenants' claim for $75,000 must be transferred to the Supreme Court.

1443 York Ave. Realty Co. v. Ronning: NYLJ, 7/25/06, p. 29, col. 1 (App. T. 1 Dept.; Davis, JP, Schoenfeld, J)

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