|SAME AS||No Same As|
|Amd §§201, 202, 208 & 211, UJCA|
|Increases the monetary jurisdiction of the justice courts from three thousand dollars to five thousand dollars.|
|01/12/2018||referred to judiciary|
Go to top
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.
Go to top
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. LBD14185-01-8A. 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.