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A01526 Summary:

A01526 Actions:

A01526 Committee Votes:

Committee:JUDICIARY   Chair:Dinowitz      
DATE:06/17/2019AYE/NAY:12/6  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Palumbo
Nay
Titus
Excused
Montesano
Nay
Lavine
Aye
Goodell
Nay
Zebrowski
Excused
Norris
Nay
Weprin
Aye
Walsh
Nay
Braunstein
Aye
Byrnes
Nay
Simotas
Aye
Quart
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Joyner
Excused
Abinanti
Aye
Wright
Aye
Wallace
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/19/2019AYE/NAY:27/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Excused
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

A01526 Floor Votes:

A01526 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1526--B
                                                                 Cal. No. 77
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED, DINOWITZ, COLTON, CAHILL, WEPRIN,
          D'URSO -- Multi-Sponsored by -- M. of  A.  BARNWELL,  CARROLL,  GLICK,
          LALOR,  PERRY  -- read once and referred to the Committee on Judiciary
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to  said  committee  --  ordered to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of
          third reading
 
        AN  ACT  to amend the uniform city court act, the uniform district court
          act, the uniform justice court act and the New York city  civil  court
          act, in relation to obtaining jurisdiction over certain defendants
 
          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 uniform city court act, as amended  by
     2  chapter 65 of the laws of 2010, is amended to read as follows:
     3  § 1801. Small claims defined.
     4    The  term  "small  claim"  or "small claims" as used in this act shall
     5  mean and include any cause of action for money only  not  in  excess  of
     6  five  thousand  dollars  exclusive  of interest and costs, or any action
     7  commenced by a party aggrieved by an arbitration award rendered pursuant
     8  to part 137 of the rules of the chief administrator of  the  courts  (22
     9  NYCRR  Part  137) in which the amount in dispute does not exceed $5,000,
    10  provided that the defendant either resides, or has  an  office  for  the
    11  transaction of business or a regular employment[,] within the county, or
    12  where  the  claimant is or was a tenant or lessee of real property owned
    13  by the defendant and the claim relates to such  tenancy  or  lease,  and
    14  such real property is situated within the county.
    15    § 2. Subdivision (a) of section 1803 of the uniform city court act, as
    16  amended    by  chapter 309 of the laws of 1996, the opening paragraph as
    17  amended by section 1 of part B of chapter 686 of the laws  of  2003,  is
    18  amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03428-06-0
        A. 1526--B                          2
 
     1    (a)  Small  claims shall be commenced upon the payment by the claimant
     2  of a filing fee of fifteen dollars for claims in the amount of one thou-
     3  sand dollars or less and twenty dollars for claims in the amount of more
     4  than one thousand dollars, without the service of a summons and,  except
     5  by special order of the court, without the service of any pleading other
     6  than  a  statement  of his cause of action by the claimant or someone in
     7  his behalf to the clerk, who shall reduce the same to a concise, written
     8  form and record it in a docket kept especially for  such  purpose.  Such
     9  procedure shall provide for the sending of notice of such claim by ordi-
    10  nary  first  class mail and certified mail with return receipt requested
    11  to the party complained against (1) at  his  residence,  if  he  resides
    12  within the county, and his residence is known to the claimant, or (2) at
    13  his  office  or place of regular employment within the county if he does
    14  not reside therein or his residence within the county is  not  known  to
    15  the  claimant, or (3) where the claimant is or was a tenant or lessee of
    16  real property owned by the defendant  and  the  claim  relates  to  such
    17  tenancy  or lease and the notice of claim cannot be sent under paragraph
    18  one or two of this subdivision, at any place in the county or an adjoin-
    19  ing county where claimant may mail or otherwise deliver rent.  If, after
    20  the expiration of twenty-one days, such ordinary first class mailing has
    21  not been returned as undeliverable, the party complained  against  shall
    22  be  presumed  to  have  received notice of such claim. Such notice shall
    23  include a clear description of the procedure for filing a  counterclaim,
    24  pursuant to subdivision (c) of this section.
    25    Such  procedure  shall  further  provide for an early hearing upon and
    26  determination of such claim. No filing fee, however, shall  be  demanded
    27  or received on small claims of employees who shall comply with § 1912 of
    28  this  act which is hereby made applicable, except that necessary mailing
    29  costs shall be paid.
    30    § 3. Section 1801 of the uniform district court  act,  as  amended  by
    31  chapter 65 of the laws of 2010, is amended to read as follows:
    32  § 1801. Small claims defined.
    33    The  term  "small  claim"  or "small claims" as used in this act shall
    34  mean and include any cause of action for money only  not  in  excess  of
    35  five  thousand  dollars  exclusive  of interest and costs, or any action
    36  commenced by a party aggrieved by an arbitration award rendered pursuant
    37  to part one hundred thirty-seven of the rules of the chief administrator
    38  of the courts (22 NYCRR Part 137) in which the amount  in  dispute  does
    39  not  exceed  five  thousand  dollars, provided that the defendant either
    40  resides, or has an office for the transaction of business or  a  regular
    41  employment[,] within a district of the court in the county, or where the
    42  claimant  is  or  was  a  tenant or lessee of real property owned by the
    43  defendant and the claim relates to such tenancy or lease, and such  real
    44  property is situated within a district of the court in the county.
    45    §  4.  Subdivision  (a)  of section 1803 of the uniform district court
    46  act, as amended by section 31 of part J of chapter 62  of  the  laws  of
    47  2003, is amended to read as follows:
    48    (a)  Small  claims shall be commenced upon the payment by the claimant
    49  of a filing fee of fifteen dollars for claims in the amount of one thou-
    50  sand dollars or less and twenty dollars for claims in the amount of more
    51  than one thousand dollars, without the service of a summons and,  except
    52  by special order of the court, without the service of any pleading other
    53  than  a  statement  of his cause of action by the claimant or someone in
    54  his behalf to the clerk, who shall reduce the same to a concise, written
    55  form and record it in a docket kept especially for  such  purpose.  Such
    56  procedure shall provide for the sending of notice of such claim by ordi-
        A. 1526--B                          3
 
     1  nary  first  class mail and certified mail with return receipt requested
     2  to the party complained against (1) at  his  residence,  if  he  resides
     3  within a district of the court in the county, and his residence is known
     4  to  the  claimant,  or  (2) at his office or place of regular employment
     5  within such a district if he does not reside therein  or  his  residence
     6  within such a district is not known to the claimant, or (3) where claim-
     7  ant is or was a tenant or lessee of real property owned by the defendant
     8  and  the  claim relates to such tenancy or lease and the notice of claim
     9  cannot be sent under paragraph one or two of this  subdivision,  at  any
    10  place  in  the  state where claimant may mail or otherwise deliver rent.
    11  If, after the expiration of twenty-one days, such ordinary  first  class
    12  mailing  has  not  been  returned as undeliverable, the party complained
    13  against shall be presumed to have received notice of  such  claim.  Such
    14  notice  shall  include a clear description of the procedure for filing a
    15  counterclaim, pursuant to subdivision (c) of this section.
    16    Such procedure shall further provide for an  early  hearing  upon  and
    17  determination  of  such claim. No filing fee, however, shall be demanded
    18  or received on small claims of employees who shall comply  with  §  1912
    19  (a)  of  this act which is hereby made applicable, except that necessary
    20  mailing costs shall be paid.
    21    § 5. Section 1801 of the uniform justice  court  act,  as  amended  by
    22  chapter 76 of the laws of 1994, is amended to read as follows:
    23  § 1801. Small claims defined.
    24    The  term  "small  claim"  or "small claims" as used in this act shall
    25  mean and include any cause of action for money only  not  in  excess  of
    26  three  thousand  dollars  exclusive of interest and costs, provided that
    27  the defendant either resides, or has an office for  the  transaction  of
    28  business  or  a  regular employment[,] within the municipality where the
    29  court is located, or where claimant is or was a tenant or lessee of real
    30  property owned by the defendant and the claim relates to such tenancy or
    31  lease, and such real property is situated within the municipality  where
    32  the court is located. However, where a judge of the county court, pursu-
    33  ant to subdivision (g) of section three hundred twenty-five of the civil
    34  practice law and rules, transfers a small claim from the town or village
    35  court  having  jurisdiction  over  the matter to another town or village
    36  court within the same county, the court to which it is transferred shall
    37  have jurisdiction to determine the claim.
    38    § 6. Subdivision (a) of section 1803 of the uniform justice court act,
    39  as amended by chapter 309 of the laws of 1996, is  amended  to  read  as
    40  follows:
    41    (a)  Small  claims shall be commenced upon the payment by the claimant
    42  of a filing fee of ten dollars for claims in the amount of one  thousand
    43  dollars  or  less  and  fifteen dollars for claims in the amount of more
    44  than one thousand dollars, without the service of a summons and,  except
    45  by special order of the court, without the service of any pleading other
    46  than  a  statement  of his cause of action by the claimant or someone in
    47  his behalf to the clerk, who shall reduce the same to a concise, written
    48  form and record it in a filing system  maintained  especially  for  such
    49  purpose.  Such procedure shall provide for the sending of notice of such
    50  claim by ordinary first  class  mail  and  certified  mail  with  return
    51  receipt  requested to the party complained against (1) at his residence,
    52  if he resides within the county and his residence is known to the claim-
    53  ant, [or] (2) at his office or place of regular  employment  within  the
    54  municipality  if  he  does not reside within the county or his residence
    55  within the county is not known to the claimant, or (3) where claimant is
    56  or was a tenant or lessee of real property owned by  the  defendant  and
        A. 1526--B                          4
 
     1  the  claim  relates  to  such  tenancy  or lease and the notice of claim
     2  cannot be sent under paragraph one or two of this  subdivision,  at  any
     3  place  in  the  county or an adjoining county where claimant may mail or
     4  otherwise  deliver  rent.   If, after the expiration of twenty-one days,
     5  such ordinary first class mailing has not been returned  as  undelivera-
     6  ble,  the  party  complained  against shall be presumed to have received
     7  notice of such claim.  Such notice shall include a clear description  of
     8  the  procedure for filing a counterclaim, pursuant to subdivision (c) of
     9  this section.
    10    Such procedure shall further provide for an  early  hearing  upon  and
    11  determination  of  such claim. No filing fee, however, shall be demanded
    12  or received on small claims of employees who shall comply  with  section
    13  nineteen  hundred  twelve  of  this act which is hereby made applicable,
    14  except that necessary mailing costs shall be paid.
    15    § 7. Section 1801 of the New York city civil court act, as amended  by
    16  chapter 664 of the laws of 2019, is amended to read as follows:
    17    § 1801. Small claims defined. The term "small claim" or "small claims"
    18  as used in this act shall mean and include any cause of action for money
    19  only  not  in  excess  of ten thousand dollars exclusive of interest and
    20  costs, or any action commenced by a party aggrieved  by  an  arbitration
    21  award  rendered  pursuant to part 137 of the rules of the chief adminis-
    22  trator of the courts (22 NYCRR Part 137) in which the amount in  dispute
    23  does not exceed ten thousand dollars, provided that the defendant either
    24  resides,  or  has an office for the transaction of business or a regular
    25  employment[,] within the city of New York, or where claimant is a tenant
    26  or lessee of real property owned by the defendant and the claim  relates
    27  to  such tenancy or lease, and such real property is situated within the
    28  city of New York.
    29    § 8. Subdivision (a) of section 1803 of the New York city civil  court
    30  act,  as  amended  by  section 34 of part J of chapter 62 of the laws of
    31  2003, is amended to read as follows:
    32    (a) Small claims shall be commenced upon the payment by  the  claimant
    33  of a filing fee of fifteen dollars for claims in the amount of one thou-
    34  sand dollars or less and twenty dollars for claims in the amount of more
    35  than  one thousand dollars, without the service of a summons and, except
    36  by special order of the court, without the service of any pleading other
    37  than a statement of his cause of action by the claimant  or  someone  in
    38  his behalf to the clerk, who shall reduce the same to a concise, written
    39  form  and  record  it in a docket kept especially for such purpose. Such
    40  procedure shall provide for the sending of notice of such claim by ordi-
    41  nary first class mail and certified mail with return  receipt  requested
    42  to  the  party  complained  against  (1) at his residence, if he resides
    43  within the city of New York, and his residence is known to the claimant,
    44  [or] (2) at his office or place of regular employment within the city of
    45  New York if he does not reside therein or his residence within the  city
    46  of  New  York  is not known to the claimant, or (3) where claimant is or
    47  was a tenant or lessee of real property owned by the defendant  and  the
    48  claim relates to such tenancy or lease and the notice of claim cannot be
    49  sent under paragraph one or two of this subdivision, at any place in the
    50  state where plaintiff may mail or otherwise deliver rent.  If, after the
    51  expiration of twenty-one days, such ordinary first class mailing has not
    52  been  returned  as  undeliverable, the party complained against shall be
    53  presumed to have received  notice  of  such  claim.  Such  notice  shall
    54  include  a clear description of the procedure for filing a counterclaim,
    55  pursuant to subdivision (c) of this section.
        A. 1526--B                          5
 
     1    Such procedure shall further provide for an  early  hearing  upon  and
     2  determination  of  such claim. No filing fee, however, shall be demanded
     3  or received on small claims of employees who shall comply  with  §  1912
     4  (a)  of  this act which is hereby made applicable, except that necessary
     5  mailing costs shall be paid.
     6    §  9.  This  act  shall  take  effect  on  the first of September next
     7  succeeding the date on which it shall have become a law.