STATE OF NEW YORK
________________________________________________________________________
3680--A
2009-2010 Regular Sessions
IN SENATE
March 27, 2009
___________
Introduced by Sen. SAMPSON -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary -- recommitted to the Commit-
tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the New York city civil court act, the uniform district
court act and the uniform city court act, in relation to granting
jurisdiction to entertain certain declaratory judgment actions
commenced pursuant to the fee dispute resolution program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 212-a of the New York city civil court act, as
2 amended by chapter 11 of the laws of 1984, is amended to read as
3 follows:
4 § 212-a. Declaratory judgments involving obligations of insurers and
5 de novo review under part 137 of the rules of the chief administrator of
6 the courts (22 NYCRR Part 137). The court shall have the jurisdiction
7 defined in section 3001 of the CPLR to make a declaratory judgment with
8 respect to:
9 (a) any controversy involving the obligation of an insurer to indem-
10 nify or defend a defendant in an action in which the amount sought to be
11 recovered does not exceed $25,000; and
12 (b) actions commenced by a party aggrieved by an arbitration award
13 rendered pursuant to part 137 of the rules of the chief administrator in
14 which the amount in dispute does not exceed $25,000.
15 § 2. Section 1801 of the New York city civil court act, as amended by
16 chapter 601 of the laws of 2003, 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 five thousand dollars exclusive of interest and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10089-02-9
S. 3680--A 2
1 costs, or any action commenced by a party aggrieved by an arbitration
2 award rendered pursuant to part 137 of the rules of the chief adminis-
3 trator of the courts (22 NYCRR Part 137) in which the amount in dispute
4 does not exceed five thousand dollars, provided that the defendant
5 either resides, or has an office for the transaction of business or a
6 regular employment, within the city of New York.
7 § 3. Section 1805 of the New York city civil court act is amended by
8 adding a new subdivision (f) to read as follows:
9 (f) The court shall have the jurisdiction defined in section three
10 thousand one of the CPLR to make a declaratory judgment with respect to
11 actions commenced by a party aggrieved by an arbitration award rendered
12 pursuant to part one hundred thirty-seven of the rules of the chief
13 administrator (22 NYCRR Part 137) in which the amount in dispute does
14 not exceed five thousand dollars.
15 § 4. The uniform district court act is amended by adding a new section
16 212-a to read as follows:
17 § 212-a. Declaratory judgments involving de novo review under part 137
18 of the rules of the chief administrator of the courts (22
19 NYCRR Part 137).
20 The court shall have the jurisdiction defined in section 3001 of the
21 CPLR to make a declaratory judgment with respect to actions commenced by
22 a party aggrieved by an arbitration award rendered pursuant to part one
23 hundred thirty-seven of the rules of the chief administrator in which
24 the amount in dispute does not exceed fifteen thousand dollars.
25 § 5. Section 1801 of the uniform district court act, as amended by
26 chapter 601 of the laws of 2003, is amended to read as follows:
27 § 1801. Small claims defined.
28 The term "small claim" or "small claims" as used in this act shall
29 mean and include any cause of action for money only not in excess of
30 five thousand dollars exclusive of interest and costs, or any action
31 commenced by a party aggrieved by an arbitration award rendered pursuant
32 to part one hundred thirty-seven of the rules of the chief administrator
33 of the courts (22 NYCRR Part 137) in which the amount in dispute does
34 not exceed five thousand dollars, provided that the defendant either
35 resides, or has an office for the transaction of business or a regular
36 employment, within a district of the court in the county.
37 § 6. Section 1805 of the uniform district court act is amended by
38 adding a new subdivision (f) to read as follows:
39 (f) The court shall have the jurisdiction defined in section three
40 thousand one of the civil practice law and rules to make a declaratory
41 judgment with respect to actions commenced by a party aggrieved by an
42 arbitration award rendered pursuant to part one hundred thirty-seven of
43 the rules of the chief administrator of the courts (22 NYCRR Part 137)
44 in which the amount in dispute does not exceed five thousand dollars.
45 § 7. The uniform city court act is amended by adding a new section
46 212-a to read as follows:
47 § 212-a. Declaratory judgments involving de novo review under part 137
48 of the rules of the chief administrator of the courts (22
49 NYCRR Part 137).
50 The court shall have the jurisdiction defined in section 3001 of the
51 CPLR to make a declaratory judgment with resect to actions commenced by
52 a party aggrieved by an arbitration award rendered pursuant to part 137
53 of the rules of the chief administrator in which the amount in dispute
54 does not exceed $15,000.
55 § 8. Section 1801 of the uniform city court act, as amended by chapter
56 601 of the laws of 2003, is amended to read as follows:
S. 3680--A 3
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 five thousand dollars exclusive of interest and costs, or any action
5 commenced by a party aggrieved by an arbitration award rendered pursuant
6 to part 137 of the rules of the chief administrator of the courts (22
7 NYCRR Part 137) in which the amount in dispute does not exceed $5,000,
8 provided that the defendant either resides, or has an office for the
9 transaction of business or a regular employment, within the county.
10 § 9. Section 1805 of the uniform city court act is amended by adding a
11 new subdivision (f) to read as follows:
12 (f) The court shall have the jurisdiction defined in section 3001 of
13 the CPLR to make a declaratory judgment with respect to actions
14 commenced by a party aggrieved by an arbitration award rendered pursuant
15 to part 137 of the rules of the chief administrator of the courts (22
16 NYCRR Part 137) in which the amount in dispute does not exceed $5,000.
17 § 10. This act shall take effect on the first of January next succeed-
18 ing the date on which it shall have become a law and shall apply to
19 actions commenced on or after such effective date.
