Bill Text: NY A07421 | 2019-2020 | General Assembly | Introduced


Bill Title: Increases the monetary jurisdiction of the justice courts from three thousand dollars to fifteen thousand dollars.

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Introduced) 2019-05-01 - referred to judiciary [A07421 Detail]

Download: New_York-2019-A07421-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7421
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 1, 2019
                                       ___________
        Introduced  by M. of A. PALUMBO -- read once and referred to the Commit-
          tee on Judiciary
        AN ACT to amend the uniform justice court act, in relation to the  mone-
          tary jurisdiction of justice courts
          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]  $15,000",  whenever  it  appears  herein,
     8  shall  be  taken  to  mean  "[$3000]  $15,000  exclusive of interest and
     9  costs", except that, in the case of a city court governed  by  this  act
    10  whose  monetary  jurisdiction is, pursuant to § 2300 (b) (2) (i) of this
    11  act, below [$3000] $15,000, it shall be taken to mean such lesser sum as
    12  is applicable in the particular court, exclusive of interest and costs.
    13    § 2. Section 202 of the uniform justice court act, as amended by chap-
    14  ter 685 of the laws of 1977, is amended to read as follows:
    15  § 202. Money actions and actions to recover chattels.
    16    Notwithstanding any other provision  of  law,  the  court  shall  have
    17  jurisdiction  of  actions  and  proceedings for the recovery of money or
    18  chattels where the amount sought to be recovered or  the  value  of  the
    19  property does not exceed [$3000] $15,000.
    20    § 3. Section 208 of the uniform justice court act, as amended by chap-
    21  ter 685 of the laws of 1977, is amended to read as follows:
    22  § 208. Counterclaims.
    23    The  Court  shall  have jurisdiction of any counterclaim whose subject
    24  matter would be within its jurisdiction if sued upon  separately.  If  a
    25  counterclaim  for money only in excess of [$3000] $15,000 is interposed,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11231-01-9

        A. 7421                             2
     1  the court may entertain it to the extent of [$3000] $15,000 but it shall
     2  be deemed waived as to the excess above [$3000] $15,000.
     3    § 4. Section 211 of the uniform justice court act, as amended by chap-
     4  ter 685 of the laws of 1977, is amended to read as follows:
     5  § 211. Joinder of causes of action in complaint; effect on jurisdiction.
     6    Where several causes of action are asserted in the complaint, and each
     7  of them would be within the jurisdiction of the court if sued upon sepa-
     8  rately,  the  court  shall have jurisdiction of the action. In such case
     9  judgment may be rendered by the court in excess of  [$3000]  $15,000  if
    10  such excess result solely because of such joinder.
    11    §  5.  Section  1801  of  the uniform justice court act, as amended by
    12  chapter 76 of the laws of 1994, is amended to read as follows:
    13  § 1801. Small claims defined.
    14    The term "small claim" or "small claims" as used  in  this  act  shall
    15  mean  and  include  any  cause of action for money only not in excess of
    16  [three] fifteen  thousand  dollars  exclusive  of  interest  and  costs,
    17  provided  that  the  defendant  either resides, or has an office for the
    18  transaction of business or a regular employment, within the municipality
    19  where the court is located. However, where a judge of the county  court,
    20  pursuant  to subdivision (g) of section three hundred twenty-five of the
    21  civil practice law and rules, transfers a small claim from the  town  or
    22  village  court  having  jurisdiction  over the matter to another town or
    23  village court within the same county, the court to which  it  is  trans-
    24  ferred shall have jurisdiction to determine the claim.
    25    §  6.  This  act shall take effect on the thirtieth day after it shall
    26  have become a law.
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