Niagra Mohawk Power Corporation v. Bloomfield Building Wreckers, Inc

In Niagra Mohawk Power Corporation v. Bloomfield Building Wreckers, Inc., 94 Misc.2d 748 (Sup. Ct., Albany Co. 1978), Justice Roger Miner held that it would be improper to transfer a case from Supreme Court to a court of limited jurisdiction which could not itself have obtained personal jurisdiction over the defendant, and thus denied a motion to transfer a case from Supreme Court to Albany City Court. Justice Miner's reading is implicitly supported by CPLR 325(c), which prohibits the transfer down of an action even upon consent of all other parties, and even upon a stipulation by the plaintiff to reduce the damage demand to fit within the jurisdictional limits of the court to which transfer is sought, if consent is withheld by "a defendant who has interposed no counterclaim and over whom the lower court would [not] have had jurisdiction if the action had originally been commenced there."