191 N.Y. 238 | NY | 1908
The plaintiff brought an action in the City Court of the city of New York against the city to recover damages for the loss of the services of his wife, occasioned through personal injuries sustained by her from a fall into a coal hole, or vault, in a sidewalk. The objection was taken by answer that the court was without jurisdiction and a motion to dismiss the complaint, made at the opening of the trial upon that ground, was denied. The plaintiff recovered a judgment, which was reversed at the Appellate Term of the Supreme Court, and, upon a further appeal to the Appellate Division, the order of reversal was affirmed. That court, without any expression of opinion, has certified the case to *241 this court for our review. The order of reversal by the Appellate Term was accompanied by an opinion; which discussed the jurisdiction of the City Court and I think that we can add little, if anything, to the force of the well-reasoned and well-expressed opinion of Mr. Justice DOWLING.
The City Court of New York, prior to 1883, was known as the "Marine Court of the City of New York"; a court which, in 1819, had succeeded, under that name, to the powers of the Assistant Justices' Court. It was not a constitutional court; nor was it a court of record. By an act passed in 1858, it was given jurisdiction of actions against the mayor, aldermen and commonalty of the city of New York, in which the amount claimed by the plaintiff did not exceed $200; but, in 1860, (Laws 1860, chap. 379), exclusive jurisdiction of such actions, or special proceedings, was expressly conferred by the legislature upon the Supreme Court, in the first judicial district, the Court of Common Pleas and the Superior Court of the city of New York. In 1872, (Laws 1872, chap. 629), the Marine Court was made a court of record and it was given jurisdiction of actions against corporations, whether created under, or by, the laws of this state, or of any other state, or country, for the recovery of any debt, or damages, arising upon contracts made within this state, or upon any cause of action arising therein. The question, whether by that enactment the Marine Court had regained jurisdiction of actions against the city, as a municipal corporation, was presented in the case of Callahan v. Mayor,etc., of N.Y., (
I advise the affirmance of the order appealed from, with costs.
CULLEN, Ch. J., HAIGHT, VANN, WERNER, WILLARD BARTLETT and CHASE, JJ., concur.
Order affirmed.