Bill Text: NY A09351 | 2011-2012 | General Assembly | Introduced

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Bill Title: Raises the civil jurisdictional limits to $10,000 for small claims.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Introduced - Dead) 2012-02-22 - referred to judiciary [A09351 Detail]

Download: New_York-2011-A09351-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9351
                                 I N  A S S E M B L Y
                                   February 22, 2012
                                      ___________
       Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
         Committee on Judiciary
       AN ACT to amend the New York city civil court act, the uniform  district
         court  act,  the uniform city court act, and the uniform justice court
         act, in relation to civil jurisdictional limits
         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] TEN thousand dollars exclusive of interest
    7  and costs, or any action commenced by a  party  aggrieved  by  an  arbi-
    8  tration  award  rendered  pursuant to part 137 of the rules of the chief
    9  administrator of the courts (22 NYCRR Part 137) in which the  amount  in
   10  dispute  does  not exceed [five] TEN thousand dollars, provided that the
   11  defendant either resides, or has an office for the transaction of  busi-
   12  ness or a regular employment, within the city of New York.
   13    S  2.  Section  1801  of the uniform district court act, as amended by
   14  chapter 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] TEN thousand dollars exclusive of  interest  and  costs,  or  any
   19  action  commenced  by a party aggrieved by an arbitration award rendered
   20  pursuant to part one hundred thirty-seven of  the  rules  of  the  chief
   21  administrator  of  the courts (22 NYCRR Part 137) in which the amount in
   22  dispute does not exceed [five] TEN thousand dollars, provided  that  the
   23  defendant  either resides, or has an office for the transaction of busi-
   24  ness or a regular employment, within a district  of  the  court  in  the
   25  county.
   26    S 3. Section 1801 of the uniform city court act, as amended by chapter
   27  65 of the laws of 2010, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14390-01-2
       A. 9351                             2
    1  S 1801. Small claims defined.
    2    The  term  "small  claim"  or "small claims" as used in this act shall
    3  mean and include any cause of action for money only  not  in  excess  of
    4  [five]  TEN  thousand  dollars  exclusive  of interest and costs, or any
    5  action commenced by a party aggrieved by an arbitration  award  rendered
    6  pursuant  to  part  137  of  the rules of the chief administrator of the
    7  courts (22 NYCRR Part 137) in which  the  amount  in  dispute  does  not
    8  exceed [$5,000,] TEN THOUSAND DOLLARS provided that the defendant either
    9  resides,  or  has an office for the transaction of business or a regular
   10  employment, within the county.
   11    S 4. 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  S 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]  TEN  thousand dollars exclusive of interest and costs, provided
   17  that the defendant either resides, or has an office for the  transaction
   18  of  business  or a regular employment, within the municipality where the
   19  court is located. However, where a judge of the county  court,  pursuant
   20  to  subdivision  (g)  of  section three hundred twenty-five of the civil
   21  practice law and rules, transfers a small claim from the town or village
   22  court having jurisdiction over the matter to  another  town  or  village
   23  court within the same county, the court to which it is transferred shall
   24  have jurisdiction to determine the claim.
   25    S  5. This act shall take effect on the first of January next succeed-
   26  ing the date on which it shall have become a  law  and  shall  apply  to
   27  actions or proceedings filed on or after such date.