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A09024 Summary:

BILL NOA09024
 
SAME ASNo Same As
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSRCrouch
 
Amd 201, 202, 208 & 211, UJCA
 
Increases the monetary jurisdiction of the justice courts from three thousand dollars to five thousand dollars.
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A09024 Actions:

BILL NOA09024
 
01/12/2018referred to judiciary
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A09024 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9024
 
SPONSOR: Thiele (MS)
  TITLE OF BILL: An act to amend the uniform justice court act, in relation to the monetary jurisdiction of justice courts   PURPOSE OR GENERAL IDEA OF BILL: This bill would increase the monetary jurisdiction of the justice courts from $3,000 to $5,000.   SUMMARY OF SPECIFIC PROVISIONS: Amends subdivision a of section 201 of the uniform justice court act; amends section 202 of the uniform justice court act; amends section 208 of the uniform justice court act; and amends section 211 of the uniform justice court act.   JUSTIFICATION: Under current New York state law, the jurisdiction of a justice court is only $3,000. In some cases, this monetary amount may not seem fitting and a higher amount may seem more appropriate. This bill would give courts the authority to award a maximum of $5,000, instead of $3,000.   PRIOR LEGISLATIVE HISTORY: 2015-16:A.8689 2013-14:A.7466 2011-12:A.8054 2009-10:A.4070 2007-08:A.2594 2005-06:A.2448 2003-04:A.1912 2001-02:A.9945   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
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A09024 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9024
 
                   IN ASSEMBLY
 
                                    January 12, 2018
                                       ___________
 
        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 § 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 § 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    § 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] $5000.
    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] $5000 is interposed,
    26  the court may entertain it to the extent of [$3000] $5000 but  it  shall
    27  be deemed waived as to the excess above [$3000] $5000.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14185-01-8

        A. 9024                             2
 
     1    § 4. Section 211 of the uniform justice court act, as amended by chap-
     2  ter 685 of the laws of 1977, is amended to read as follows:
     3  § 211. Joinder of causes of action in complaint; effect on jurisdiction.
     4    Where several causes of action are asserted in the complaint, and each
     5  of them would be within the jurisdiction of the court if sued upon sepa-
     6  rately,  the  court  shall have jurisdiction of the action. In such case
     7  judgment may be rendered by the court in excess of [$3000] $5000 if such
     8  excess result solely because of such joinder.
     9    § 5. This act shall take effect on the thirtieth day  after  it  shall
    10  have become a law.
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