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A01864 Summary:

BILL NOA01864A
 
SAME ASNo Same As
 
SPONSORZebrowski
 
COSPNSRGalef, O'Donnell, Gunther, Quart, Steck, Otis, Thiele, Abbate, Barron, Pichardo, Gottfried, Englebright, Paulin, Montesano, Palmesano, Friend, Brabenec, Norris
 
MLTSPNSRGlick, McDonough, Peoples-Stokes, Simon
 
Amd §§201, 202, 1801 & 1803, UJCA
 
Increases the jurisdictional limit from $3,000 to $5,000 for justice courts; increases filing fees.
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A01864 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1864--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI, GALEF, O'DONNELL, GUNTHER, QUART,
          STECK, OTIS, THIELE, ABBATE, GOTTFRIED, ENGLEBRIGHT, PAULIN,  MONTESA-
          NO, PALMESANO, FRIEND, BRABENEC, NORRIS -- Multi-Sponsored by -- M. of
          A.  GLICK,  McDONOUGH, PEOPLES-STOKES, SIMON -- read once and referred
          to the Committee on Judiciary -- reported and referred to the  Commit-
          tee  on  Ways  and  Means  -- recommitted to the Committee on Ways and
          Means in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend  the  uniform justice court act, in relation to civil
          jurisdictional limits and increasing filing fees
 
          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"[,
     9  except that, in the case of a city court  governed  by  this  act  whose
    10  monetary  jurisdiction  is,  pursuant to § 2300 (b) (2) (i) of this act,
    11  below $3000, it shall be taken to mean such lesser sum as is  applicable
    12  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 1801 of the uniform justice  court  act,  as  amended  by
    21  chapter 485 of the laws of 2021, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05121-03-1

        A. 1864--A                          2
 
     1  § 1801. Small claims defined.
     2    The  term  "small  claim"  or "small claims" as used in this act shall
     3  mean and include any cause of action for money only  not  in  excess  of
     4  [three]  five thousand dollars exclusive of interest and costs, provided
     5  that the defendant either resides, or has an office for the  transaction
     6  of  business  or  a regular employment within the municipality where the
     7  court is located, or where claimant is or was a tenant or lessee of real
     8  property owned by the defendant and the claim relates to such tenancy or
     9  lease, and such real property is situated within the municipality  where
    10  the court is located. However, where a judge of the county court, pursu-
    11  ant to subdivision (g) of section three hundred twenty-five of the civil
    12  practice law and rules, transfers a small claim from the town or village
    13  court  having  jurisdiction  over  the matter to another town or village
    14  court within the same county, the court to which it is transferred shall
    15  have jurisdiction to determine the claim.
    16    § 4. Subdivision (a) of section 1803 of the uniform justice court act,
    17  as amended by chapter 485 of the laws of 2021, is  amended  to  read  as
    18  follows:
    19    (a)  Small  claims shall be commenced upon the payment by the claimant
    20  of a filing fee of [ten] fifteen dollars for claims in the amount of one
    21  thousand dollars or less and [fifteen] twenty dollars for claims in  the
    22  amount  of  more  than  one  thousand  dollars, without the service of a
    23  summons and, except by special order of the court, without  the  service
    24  of  any  pleading  other  than a statement of his cause of action by the
    25  claimant or someone in his behalf to the clerk,  who  shall  reduce  the
    26  same  to  a concise, written form and record it in a filing system main-
    27  tained especially for such purpose. Such procedure shall provide for the
    28  sending of notice of such claim by ordinary first class mail and  certi-
    29  fied  mail with return receipt requested to the party complained against
    30  (1) at his residence, if he resides within the county and his  residence
    31  is  known to the claimant, (2) at his office or place of regular employ-
    32  ment within the municipality if he does not reside within the county  or
    33  his  residence  within  the  county is not known to the claimant, or (3)
    34  where claimant is or was a tenant or lessee of real  property  owned  by
    35  the  defendant  and  the  claim relates to such tenancy or lease and the
    36  notice of claim cannot be sent under paragraph one or two of this subdi-
    37  vision, at any place in the county or an adjoining county where claimant
    38  may mail or otherwise deliver rent. If, after the expiration of  twenty-
    39  one  days,  such  ordinary  first class mailing has not been returned as
    40  undeliverable, the party complained against shall be  presumed  to  have
    41  received  notice  of  such  claim.  Such  notice  shall  include a clear
    42  description of the procedure for  filing  a  counterclaim,  pursuant  to
    43  subdivision (c) of this section.
    44    Such  procedure  shall  further  provide for an early hearing upon and
    45  determination of such claim. No filing fee, however, shall  be  demanded
    46  or  received  on small claims of employees who shall comply with section
    47  nineteen hundred twelve of this act which  is  hereby  made  applicable,
    48  except that necessary mailing costs shall be paid.
    49    §  5. This act shall take effect on the first of January next succeed-
    50  ing the date on which it shall have become a  law  and  shall  apply  to
    51  actions  or  proceedings  filed on or after such date; provided, however
    52  that if chapter 485 of the laws of 2021 shall not have taken  effect  on
    53  such  date, sections three and four of this act shall take effect on the
    54  same date and in the same manner as such chapter of  the  laws  of  2021
    55  takes effect.
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