Yuen v. Liang

This action first appeared on the calendar for trial on June 26, 2002, and was adjourned 15 times to August 16, 2005, when an application for further adjournment was denied. Plaintiff Hai Ming Yuen and defendant Sammy Liu were represented by counsel; defendant Can Zhong Liang was self-represented. Notwithstanding this history, the Court is required to dismiss the action as outside the subject matter jurisdiction of the Civil Court. "Neither the broadest reading of the complaint nor the parties own litigation course can transform this matter into an action for money damages over which the lower courts would have jurisdiction." (Briscoe v White, 8 Misc 3d 1, 2 [App Term, 9th and 10th Jud Dists 2004].)