N.Y. CPLR § 325

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 325 Grounds for removal § 325. Grounds for removal. (a) By supreme court for mistake inchoice of court. Where a mistake was made in the choice of the court inwhich an action is commenced, the supreme court, upon motion, may removethe action to the proper court, upon such terms as may be just.(b) From court of limited jurisdiction. Where it appears that thecourt in which an action is pending does not have jurisdiction to grantthe relief to which the parties are entitled, a court having suchjurisdiction may remove the action to itself upon motion. A waiver ofjury trial in the first court is inoperative after the removal.(c) On consent to court of limited jurisdiction. Where it appears thatthe amount of damages sustained are less than demanded, and a lowercourt would have had jurisdiction of the action but for the amount ofdamages demanded, the court in which an action is pending may remove itto the lower court upon reduction of the amount of damages demanded to asum within the jurisdictional limits of the lower court and upon consentof all parties to the action other than a defendant who has interposedno counterclaim and over whom the lower court would have hadjurisdiction if the action had originally been commenced there. A waiverof jury trial in the first court is inoperative after the removal.(d) Without consent to court of limited jurisdiction. The appellatedivision, if it determines that the calendar conditions in a lower courtso permit, may by rule provide that a court in which an action ispending may, in its discretion, remove such action without consent tosuch lower court where it appears that the amount of damages sustainedmay be less than demanded, and the lower court would have hadjurisdiction but for the amount of damages demanded. If the action is court where it appears that the amount of damages sustainedmay be less than demanded, and the lower court would have hadjurisdiction but for the amount of damages demanded. If the action is soremoved, then the verdict or judgment shall be subject to the limitationof monetary jurisdiction of the court in which the action was originallycommenced and shall be lawful to the extent of the amount demandedwithin such limitation. A waiver of jury trial in the first court isinoperative after the removal.(e) From supreme court to surrogate's court where decedent's estateaffected. Where an action pending in the supreme court affects theadministration of a decedent's estate which is within the jurisdictionof the surrogate's court, the supreme court, upon motion, may remove theaction to such surrogate's court upon the prior order of the surrogate'scourt. The right of jury trial shall be preserved in the subsequentproceedings.(f) To supreme court where county judge incapacitated. Where a countyjudge is incapable of acting in an action pending in the county court,the supreme court may remove the action to itself. An objection tojurisdiction that might have been taken in the county court may be takenin the supreme court after the removal.(g) From one local court to another. Where it is unlikely that anaction or proceeding pending in a district court, town court, villagecourt or city court will be disposed of within a reasonable period oftime because of (i) death, disability or other incapacity ordisqualification of all the judges of such court, or (ii) inability ofsuch court to form a jury in such action or proceeding, a judge of thecounty court of the county in which such lower court is located, may,upon motion of any party to such action or proceeding, order that it betransferred for disposition by the lower court to any other districtcourt, town court, village court or city court in the sa upon motion of any party to such action or proceeding, order that it betransferred for disposition by the lower court to any other districtcourt, town court, village court or city court in the same or anadjoining county, provided that such other court has jurisdiction of thesubject matter of the action or proceeding and jurisdiction over theclasses of persons named as parties.