Bill Text: NY A03457 | 2023-2024 | General Assembly | Introduced

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Bill Title: Raises the jurisdictional amount for small claims cases from $3,000 to $10,000 in justice court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A03457 Detail]

Download: New_York-2023-A03457-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3457

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the uniform justice court act, in  relation  to  raising
          the jurisdictional amount for small claims cases

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision a of section 201 of the uniform  justice  court
     2  act,  as  amended by chapter 685 of the laws of 1977, is amended to read
     3  as follows:
     4    a. The court shall have jurisdiction as set forth in this article  and
     5  as  elsewhere  provided  by  law,  subject,  in the case of a city court
     6  governed by this act, to the limitations stated in §2300 (b) (2) (i)  of
     7  this act. The phrase "[$3000] ten thousand dollars", whenever it appears
     8  herein,  shall  be taken to mean "[$3000] ten thousand dollars exclusive
     9  of interest and costs", except  that,  in  the  case  of  a  city  court
    10  governed  by  this act whose monetary jurisdiction is, pursuant to §2300
    11  (b) (2) (i) of this act, below [$3000] ten thousand dollars, it shall be
    12  taken to mean such lesser sum as is applicable in the particular  court,
    13  exclusive of interest and costs.
    14    § 2. Section 202 of the uniform justice court act, as amended by chap-
    15  ter 685 of the laws of 1977, is amended to read as follows:
    16  § 202. Money actions and actions to recover chattels.
    17    Notwithstanding  any  other  provision  of  law,  the court shall have
    18  jurisdiction of actions and proceedings for the  recovery  of  money  or
    19  chattels  where  the  amount  sought to be recovered or the value of the
    20  property does not exceed [$3000] ten thousand dollars.
    21    § 3. Section 208 of the uniform justice court act, as amended by chap-
    22  ter 685 of the laws of 1977, is amended to read as follows:
    23  § 208. Counterclaims.
    24    The Court shall have jurisdiction of any  counterclaim  whose  subject
    25  matter  would  be  within its jurisdiction if sued upon separately. If a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00479-01-3
        A. 3457                             2

     1  counterclaim for money only in excess of [$3000] ten thousand dollars is
     2  interposed, the court may entertain it to  the  extent  of  [$3000]  ten
     3  thousand  dollars  but  it shall be deemed waived as to the excess above
     4  [$3000] ten thousand dollars.
     5    § 4. Section 211 of the uniform justice court act, as amended by chap-
     6  ter 685 of the laws of 1977, is amended to read as follows:
     7  § 211. Joinder of causes of action in complaint; effect on jurisdiction.
     8    Where several causes of action are asserted in the complaint, and each
     9  of them would be within the jurisdiction of the court if sued upon sepa-
    10  rately,  the  court  shall have jurisdiction of the action. In such case
    11  judgment may be rendered by the court in excess of [$3000] ten  thousand
    12  dollars if such excess result solely because of such joinder.
    13    §  5.  Section  1801  of  the uniform justice court act, as amended by
    14  chapter 485 of the laws of 2021, 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  [three] ten thousand dollars exclusive of interest and  costs,  provided
    19  that  the defendant either resides, or has an office for the transaction
    20  of business or a regular employment within the  municipality  where  the
    21  court is located, or where claimant is or was a tenant or lessee of real
    22  property owned by the defendant and the claim relates to such tenancy or
    23  lease,  and such real property is situated within the municipality where
    24  the court is located. However, where a judge of the county court, pursu-
    25  ant to subdivision (g) of section three hundred twenty-five of the civil
    26  practice law and rules, transfers a small claim from the town or village
    27  court having jurisdiction over the matter to  another  town  or  village
    28  court within the same county, the court to which it is transferred shall
    29  have jurisdiction to determine the claim.
    30    §  6.  This  act shall take effect on the ninetieth day after it shall
    31  have become a law.