A01746 Summary:

BILL NOA01746
 
SAME ASNo same as
 
SPONSORZebrowski (MS)
 
COSPNSRGalef, O'Donnell, DenDekker, Gunther
 
MLTSPNSRWeisenberg
 
Amd SS201, 202 & 1801, UJCA
 
Increases the jurisdictional limit from $3,000 to $5,000 for justice courts.
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A01746 Actions:

BILL NOA01746
 
01/09/2013referred to judiciary
01/08/2014referred to judiciary
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A01746 Floor Votes:

There are no votes for this bill in this legislative session.
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A01746 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1746
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M. of A. ZEBROWSKI, GALEF, O'DONNELL, DenDEKKER, GUNTHER
          -- Multi-Sponsored by -- M. of A. WEISENBERG -- read once and referred
          to the Committee on Judiciary
 
        AN ACT to amend the uniform justice court  act,  in  relation  to  civil
          jurisdictional limits
 

          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 76 of the laws of 1994, is amended to read as follows:

    22  § 1801. Small claims defined.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00374-01-3

        A. 1746                             2
 
     1    The term "small claim" or "small claims" as used  in  this  act  shall
     2  mean  and  include  any  cause of action for money only not in excess of
     3  [three] five thousand dollars exclusive of interest and costs,  provided
     4  that  the defendant either resides, or has an office for the transaction
     5  of  business  or a regular employment, within the municipality where the
     6  court is located. However, where a judge of the county  court,  pursuant
     7  to  subdivision  (g)  of  section three hundred twenty-five of the civil

     8  practice law and rules, transfers a small claim from the town or village
     9  court having jurisdiction over the matter to  another  town  or  village
    10  court within the same county, the court to which it is transferred shall
    11  have jurisdiction to determine the claim.
    12    §  4. This act shall take effect on the first of January next succeed-
    13  ing the date on which it shall have become a  law  and  shall  apply  to
    14  actions or proceedings filed on or after such date.
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