Bill Text: NY S02719 | 2023-2024 | General Assembly | Introduced
Bill Title: Raises the jurisdictional amount for small claims cases from $3,000 to $10,000 in justice court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S02719 Detail]
Download: New_York-2023-S02719-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2719 2023-2024 Regular Sessions IN SENATE January 24, 2023 ___________ Introduced by Sen. MAY -- 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 raising the jurisdictional amount for small claims cases 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] ten thousand dollars", whenever it appears 8 herein, shall be taken to mean "[$3000] ten thousand dollars exclusive 9 of interest and costs", except that, in the case of a city court 10 governed by this act whose monetary jurisdiction is, pursuant to §2300 11 (b) (2) (i) of this act, below [$3000] ten thousand dollars, it shall be 12 taken to mean such lesser sum as is applicable in the particular court, 13 exclusive of interest and costs. 14 § 2. Section 202 of the uniform justice court act, as amended by chap- 15 ter 685 of the laws of 1977, is amended to read as follows: 16 § 202. Money actions and actions to recover chattels. 17 Notwithstanding any other provision of law, the court shall have 18 jurisdiction of actions and proceedings for the recovery of money or 19 chattels where the amount sought to be recovered or the value of the 20 property does not exceed [$3000] ten thousand dollars. 21 § 3. Section 208 of the uniform justice court act, as amended by chap- 22 ter 685 of the laws of 1977, is amended to read as follows: 23 § 208. Counterclaims. 24 The Court shall have jurisdiction of any counterclaim whose subject 25 matter would be within its jurisdiction if sued upon separately. If a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00479-01-3S. 2719 2 1 counterclaim for money only in excess of [$3000] ten thousand dollars is 2 interposed, the court may entertain it to the extent of [$3000] ten 3 thousand dollars but it shall be deemed waived as to the excess above 4 [$3000] ten thousand dollars. 5 § 4. Section 211 of the uniform justice court act, as amended by chap- 6 ter 685 of the laws of 1977, is amended to read as follows: 7 § 211. Joinder of causes of action in complaint; effect on jurisdiction. 8 Where several causes of action are asserted in the complaint, and each 9 of them would be within the jurisdiction of the court if sued upon sepa- 10 rately, the court shall have jurisdiction of the action. In such case 11 judgment may be rendered by the court in excess of [$3000] ten thousand 12 dollars if such excess result solely because of such joinder. 13 § 5. Section 1801 of the uniform justice court act, as amended by 14 chapter 485 of the laws of 2021, is amended to read as follows: 15 § 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 [three] ten thousand dollars exclusive of interest and costs, provided 19 that the defendant either resides, or has an office for the transaction 20 of business or a regular employment within the municipality where the 21 court is located, or where claimant is or was a tenant or lessee of real 22 property owned by the defendant and the claim relates to such tenancy or 23 lease, and such real property is situated within the municipality where 24 the court is located. However, where a judge of the county court, pursu- 25 ant to subdivision (g) of section three hundred twenty-five of the civil 26 practice law and rules, transfers a small claim from the town or village 27 court having jurisdiction over the matter to another town or village 28 court within the same county, the court to which it is transferred shall 29 have jurisdiction to determine the claim. 30 § 6. This act shall take effect on the ninetieth day after it shall 31 have become a law.