2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › 325 - Grounds for Removal.

§  325.  Grounds  for  removal.
(a) By supreme court for mistake in
choice of court. Where a mistake was made in the choice of the court  in
which an action is commenced, the supreme court, upon motion, may remove
the action to the proper court, upon such terms as may be just.
(b)  From  court  of  limited  jurisdiction. Where it appears that the
court in which an action is pending does not have jurisdiction to  grant
the  relief  to  which  the  parties  are  entitled, a court having such
jurisdiction may remove the action to itself upon motion.  A  waiver  of
jury trial in the first court is inoperative after the removal.
(c) On consent to court of limited jurisdiction. Where it appears that
the  amount  of  damages  sustained  are less than demanded, and a lower
court would have had jurisdiction of the action but for  the  amount  of
damages  demanded, the court in which an action is pending may remove it
to the lower court upon reduction of the amount of damages demanded to a
sum within the jurisdictional limits of the lower court and upon consent
of all parties to the action other than a defendant who  has  interposed
no   counterclaim   and  over  whom  the  lower  court  would  have  had
jurisdiction if the action had originally been commenced there. A waiver
of jury trial in the first court is inoperative after the removal.
(d) Without consent to court of limited  jurisdiction.  The  appellate
division, if it determines that the calendar conditions in a lower court
so  permit,  may  by  rule  provide  that  a court in which an action is
pending may, in its discretion, remove such action  without  consent  to
such  lower  court where it appears that the amount of damages sustained
may  be  less  than  demanded,  and  the  lower  court  would  have  had
jurisdiction but for the amount of damages demanded. If the action is so
removed, then the verdict or judgment shall be subject to the limitation
of monetary jurisdiction of the court in which the action was originally
commenced  and  shall  be  lawful  to  the extent of the amount demanded
within such limitation. A waiver of jury trial in  the  first  court  is
inoperative after the removal.
(e)  From  supreme  court to surrogate's court where decedent's estate
affected. Where an action pending  in  the  supreme  court  affects  the
administration  of  a decedent's estate which is within the jurisdiction
of the surrogate's court, the supreme court, upon motion, may remove the
action to such surrogate's court upon the prior order of the surrogate's
court. The right of jury trial shall  be  preserved  in  the  subsequent
proceedings.
(f)  To supreme court where county judge incapacitated. Where a county
judge is incapable of acting in an action pending in the  county  court,
the  supreme  court  may  remove  the  action to itself. An objection to
jurisdiction that might have been taken in the county court may be taken
in the supreme court after the removal.
(g) From one local court to another. Where  it  is  unlikely  that  an
action  or  proceeding  pending in a district court, town court, village
court or city court will be disposed of within a  reasonable  period  of
time   because   of   (i)  death,  disability  or  other  incapacity  or
disqualification of all the judges of such court, or (ii)  inability  of
such  court  to form a jury in such action or proceeding, a judge of the
county 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 be
transferred for disposition by the lower court  to  any  other  district
court,  town  court,  village  court  or  city  court  in the same or an
adjoining county, provided that such other court has jurisdiction of the
subject matter of the action or proceeding  and  jurisdiction  over  the
classes of persons named as parties.