Bill Text: NY A04819 | 2019-2020 | General Assembly | Introduced
Bill Title: Allows a plaintiff to have a small claims court hearing in the municipality in which the claim arose.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2020-07-14 - held for consideration in judiciary [A04819 Detail]
Download: New_York-2019-A04819-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4819 2019-2020 Regular Sessions IN ASSEMBLY February 5, 2019 ___________ Introduced by M. of A. SMULLEN -- read once and referred to the Commit- tee 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 § 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 § 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 § 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. LBD08699-01-9A. 4819 2 1 § 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 § 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 § 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 § 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 § 5. This act shall take effect immediately.
