Bill Text: NY S02092 | 2023-2024 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S02092 Detail]

Download: New_York-2023-S02092-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2092

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
          printed to be committed 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 § 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.
                                                                   LBD04844-01-3
        S. 2092                             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 485 of the laws of 2021, 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,  or where claimant is or was a tenant or
    20  lessee of real property owned by the defendant and the claim relates  to
    21  such  tenancy  or  lease,  and such real property is situated within the
    22  municipality where the court is located. However, where a judge  of  the
    23  county court, pursuant to subdivision (g) of section three hundred twen-
    24  ty-five  of  the  civil  practice law and rules, transfers a small claim
    25  from the town or village court having jurisdiction over  the  matter  to
    26  another town or village court within the same county, the court to which
    27  it is transferred shall have jurisdiction to determine the claim.
    28    §  6.  This  act shall take effect on the thirtieth day after it shall
    29  have become a law.