An action may be transferred from the court in which it is pending to a lower court, pursuant to CPLR
325[d]. Where the transfer is on consent
of the parties, they are bound by the monetary jurisdictional limits of
the transferee court, pursuant to 325[c]. If the transfer is not on consent, the
transferee court may render a verdict or judgment to the extent of the
monetary jurisdiction of the transferor court, pursuant to 325[d]. If it turns out that the action was transferred to a lower court that lacks subject matter
jurisdiction, a transfer back is appropriate, pursuant to 325[b].
Caffrey v. North Arrow Abstract & Settlement Servs., Inc., NY Slip Op 01043 (2d Dep't February 14, 2018)
Here is the decision.
