Bill Text: NY A04452 | 2013-2014 | General Assembly | Introduced

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Bill Title: Allows a plaintiff to have a small claims court hearing in the municipality in which the claim arose.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2014-05-28 - held for consideration in judiciary [A04452 Detail]

Download: New_York-2013-A04452-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4452
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2013
                                      ___________
       Introduced by M. of A. BUTLER -- read once and referred to the Committee
         on Judiciary
       AN  ACT  to  amend  the  New York city civil court act, the uniform city
         court act, the uniform district court  act  and  the  uniform  justice
         court act, in relation to the location of a small claims proceeding
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 1801 of the New York  city  civil  court  act,  as
    2  amended  by  chapter  65  of  the  laws  of  2010, is amended to read as
    3  follows:
    4    S 1801. Small claims defined. The term "small claim" or "small claims"
    5  as used in this act shall mean and include any cause of action for money
    6  only not in excess of five thousand dollars exclusive  of  interest  and
    7  costs,  or  any  action commenced by a party aggrieved by an arbitration
    8  award rendered pursuant to part 137 of the rules of the  chief  adminis-
    9  trator  of the courts (22 NYCRR Part 137) in which the amount in dispute
   10  does not exceed five  thousand  dollars,  provided  that  the  defendant
   11  either  resides,  or  has an office for the transaction of business or a
   12  regular employment, OR THE CLAIM AROSE within the city of New York.
   13    S 2. Section 1801 of the uniform city court act, as amended by chapter
   14  65 of the laws of 2010, is amended to read as follows:
   15  S 1801. Small claims defined.
   16    The term "small claim" or "small claims" as used  in  this  act  shall
   17  mean  and  include  any  cause of action for money only not in excess of
   18  five thousand dollars exclusive of interest and  costs,  or  any  action
   19  commenced by a party aggrieved by an arbitration award rendered pursuant
   20  to  part  137  of the rules of the chief administrator of the courts (22
   21  NYCRR Part 137) in which the amount in dispute does not  exceed  $5,000,
   22  provided  that  the  defendant  either resides, or has an office for the
   23  transaction of business or a regular  employment,  OR  THE  CLAIM  AROSE
   24  within the county.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02551-01-3
       A. 4452                             2
    1    S  3.  Section  1801  of the uniform district court act, as amended by
    2  chapter 65 of the laws of 2010, is amended to read as follows:
    3  S 1801. Small claims defined.
    4    The  term  "small  claim"  or "small claims" as used in this act shall
    5  mean and include any cause of action for money only  not  in  excess  of
    6  five  thousand  dollars  exclusive  of interest and costs, or any action
    7  commenced by a party aggrieved by an arbitration award rendered pursuant
    8  to part one hundred thirty-seven of the rules of the chief administrator
    9  of the courts (22 NYCRR Part 137) in which the amount  in  dispute  does
   10  not  exceed  five  thousand  dollars, provided that the defendant either
   11  resides, or has an office for the transaction of business or  a  regular
   12  employment,  OR  THE  CLAIM  AROSE within a district of the court in the
   13  county.
   14    S 4. Section 1801 of the uniform justice  court  act,  as  amended  by
   15  chapter 76 of the laws of 1994, is amended to read as follows:
   16  S 1801. Small claims defined.
   17    The  term  "small  claim"  or "small claims" as used in this act shall
   18  mean and include any cause of action for money only  not  in  excess  of
   19  three  thousand  dollars  exclusive of interest and costs, provided that
   20  the defendant either resides, or has an office for  the  transaction  of
   21  business  or a regular employment, OR THE CLAIM AROSE within the munici-
   22  pality where the court is located. However, where a judge of the  county
   23  court,  pursuant to subdivision (g) of section three hundred twenty-five
   24  of the civil practice law and rules, transfers a small  claim  from  the
   25  town  or  village  court  having jurisdiction over the matter to another
   26  town or village court within the same county, the court to which  it  is
   27  transferred shall have jurisdiction to determine the claim.
   28    S 5. This act shall take effect immediately.