Bill Text: NY A07466 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A07466 Detail]

Download: New_York-2013-A07466-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7466
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 21, 2013
                                      ___________
       Introduced  by  M. of A. THIELE -- Multi-Sponsored by -- M. of A. CROUCH
         -- read once and referred to the Committee 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 S 2300 (b) (2) (i) of
    7  this act. The phrase "[$3000] $5000", whenever it appears herein,  shall
    8  be taken to mean "[$3000] $5000 exclusive of interest and costs", except
    9  that,  in  the  case of a city court governed by this act whose monetary
   10  jurisdiction is, pursuant to S 2300 (b)  (2)  (i)  of  this  act,  below
   11  [$3000]  $5000, it shall be taken to mean such lesser sum as is applica-
   12  ble in the particular court, exclusive of interest and costs.
   13    S 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  S 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] $5000.
   20    S 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  S 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] $5000 is interposed,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09262-01-3
       A. 7466                             2
    1  the court may entertain it to the extent of [$3000] $5000 but  it  shall
    2  be deemed waived as to the excess above [$3000] $5000.
    3    S 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  S 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] $5000 if such
   10  excess result solely because of such joinder.
   11    S 5. This act shall take effect on the thirtieth day  after  it  shall
   12  have become a law.