
    Frank Lickerman, an Infant, by Sarah Kirschenbein, His Guardian ad Litem, Respondent, v. Louis Motchan, Appellant.
    (Supreme Court, Appellate Term, First Department,
    October, 1913).
    Pleading — City Court of city of New York — demurrer — judgment in excess of $2,000 cannot be entered.
    A complaint in the City Court of the city of New York which states a cause of action and demands judgment for $5,000 is good on demurrer, though a judgment in excess of $2,000 cannot be entered.
    
      Appeal by defendant from an interlocutory judgment of the City Court of the city of New York overruling a demurrer to the complaint.
    Edward J. Walsh, for appellant.
    Henry Knntz (Abraham P. Wilkes, of counsel), for respondent.
   Seabury, J.

The complaint states a cause of action, and demands judgment for $5,000. The defendant demurred “ on the ground that the jurisdiction of the court is limited to actions where the sum claimed does not exceed $2,000, and that it appears upon the face of the amended complaint herein that the sum demanded in damages is the sum of $5,000. ’ ’ The court below properly overruled the demurrer. It has been uniformly held that the City Court has jurisdiction of an action wherein the complaint demands judgment for a greater sum than $2,000 with interest and costs, although a judgment for a sum in excess of that amount cannot be entered. Ralli v. Pearsall, 69 App. Div. 254. The case of Lewkowicz v. Queen Aeroplane Co., 154 App. Div. 142; 207 N. Y. 290, has in no way changed this rule.

Interlocutory judgment affirmed, with costs, with leave to defendant to answer within six days after service of a copy of the order entered herewith, with notice of entry in the City Court upon payment of costs in this court and the court below.

G-uy and Bijtjb, JJ., concur.

Judgment affirmed, with costs.  