Bill Text: NY S02435 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2016-06-06 - referred to judiciary [S02435 Detail]

Download: New_York-2015-S02435-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2435
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2015
                                      ___________
       Introduced  by  Sens. GIANARIS, BRESLIN, DILAN, PERALTA, SAMPSON -- read
         twice and ordered printed, and when printed to  be  committed  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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07817-01-5
       S. 2435                             2
    1  ness  or  a  regular  employment,  within a district of the court in the
    2  county.
    3    S 3. Section 1801 of the uniform city court act, as amended by chapter
    4  65 of the laws of 2010, is amended to read as follows:
    5  S 1801. Small claims defined.
    6    The  term  "small  claim"  or "small claims" as used in this act shall
    7  mean and include any cause of action for money only  not  in  excess  of
    8  [five]  TEN  thousand  dollars  exclusive  of interest and costs, or any
    9  action commenced by a party aggrieved by an arbitration  award  rendered
   10  pursuant  to  part  137  of  the rules of the chief administrator of the
   11  courts (22 NYCRR Part 137) in which  the  amount  in  dispute  does  not
   12  exceed [$5,000,] TEN THOUSAND DOLLARS provided that the defendant either
   13  resides,  or  has an office for the transaction of business or a regular
   14  employment, within the county.
   15    S 4. Section 1801 of the uniform justice  court  act,  as  amended  by
   16  chapter 76 of the laws of 1994, is amended to read as follows:
   17  S 1801. Small claims defined.
   18    The  term  "small  claim"  or "small claims" as used in this act shall
   19  mean and include any cause of action for money only  not  in  excess  of
   20  [three]  TEN  thousand dollars exclusive of interest and costs, provided
   21  that the defendant either resides, or has an office for the  transaction
   22  of  business  or a regular employment, within the municipality where the
   23  court is located. However, where a judge of the county  court,  pursuant
   24  to  subdivision  (g)  of  section three hundred twenty-five of the civil
   25  practice law and rules, transfers a small claim from the town or village
   26  court having jurisdiction over the matter to  another  town  or  village
   27  court within the same county, the court to which it is transferred shall
   28  have jurisdiction to determine the claim.
   29    S  5. This act shall take effect on the first of January next succeed-
   30  ing the date on which it shall have become a  law  and  shall  apply  to
   31  actions or proceedings filed on or after such date.