A9826A-2011 Actions

• May 7, 2012: print number 9826a
• May 7, 2012: amend and recommit to judiciary
• Apr 13, 2012: referred to judiciary

A9826A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   9826--A

                            I N  ASSEMBLY

                               April 13, 2012
                                 ___________

  Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
    tee on  Judiciary  --  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

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subdivision a of section 201 of the uniform justice court
  act, as amended by chapter 685 of the laws of 1977, is amended  to  read
  as follows:

    a.  The court shall have jurisdiction as set forth in this article and
  as elsewhere provided by law[, subject, in the  case  of  a  city  court
  governed by this act, to the limitations stated in S 2300 (b) (2) (i) of
  this  act].  The  phrase  "[$3000] $15,000", whenever it appears herein,
  shall be taken to  mean  "[$3000]  $15,000  exclusive  of  interest  and
  costs"[,  except  that, in the case of a city court governed by this act
  whose monetary jurisdiction is, pursuant to S 2300 (b) (2) (i)  of  this
  act, below $3000, it shall be taken to mean such lesser sum as is appli-
  cable in the particular court, exclusive of interest and costs].
    S 2. Section 202 of the uniform justice court act, as amended by chap-
  ter 685 of the laws of 1977, is amended to read as follows:

  S 202. Money actions and actions to recover chattels.
    Notwithstanding  any  other  provision  of  law,  the court shall have
  jurisdiction of actions and proceedings for the  recovery  of  money  or
  chattels  where  the  amount  sought to be recovered or the value of the
  property does not exceed [$3000] $15,000.
    S 3. Section 1801 of the uniform justice  court  act,  as  amended  by
  chapter 76 of the laws of 1994, is amended to read as follows:

  S 1801. Small claims defined.
    The  term  "small  claim"  or "small claims" as used in this act shall
  mean and include any cause of action for money only  not  in  excess  of
  [three]  FIVE thousand dollars exclusive of interest and costs, provided
  that the defendant either resides, or has an office for the  transaction
  of  business  or a regular employment, within the municipality where the

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15238-02-2

 A. 9826--A                          2

  court is located. However, where a judge of the county  court,  pursuant
  to  subdivision  (g)  of  section three hundred twenty-five of the civil
  practice law and rules, transfers a small claim from the town or village
  court  having  jurisdiction  over  the matter to another town or village
  court within the same county, the court to which it is transferred shall
  have jurisdiction to determine the claim.
    S 4. This act shall take effect on the first of January next  succeed-
  ing  the  date  on  which  it shall have become a law and shall apply to
  actions or proceedings filed on or after such date.