Bill S2876-2011

Allows a plaintiff to have a small claims court hearing in the municipality in which the claim arose

Allows a plaintiff to have a small claims court hearing in the municipality in which the claim arose.

Details

Actions

  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 13, 2011: referred to judiciary
  • Jun 13, 2011: DELIVERED TO ASSEMBLY
  • Jun 13, 2011: PASSED SENATE
  • Jun 6, 2011: ADVANCED TO THIRD READING
  • Jun 2, 2011: 2ND REPORT CAL.
  • Jun 1, 2011: 1ST REPORT CAL.910
  • Feb 2, 2011: REFERRED TO JUDICIARY

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Judiciary - Jun 1, 2011
Ayes (20): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Hassell-Thompson, Breslin, Dilan, Espaillat, Krueger, Perkins, Serrano, Squadron, Stavisky
Ayes W/R (2): LaValle, Gianaris
Excused (1): Adams

Memo

BILL NUMBER:S2876

TITLE OF BILL: An act to amend the New York city civil court act, the uniform city court act, the uniform district court act and the uniform justice court act, in relation to the location of a small claims proceeding

PURPOSE: The purpose of this bill is to make the provisions governing where a small claims proceeding may be brought more equitable by authorizing small claims cases to be brought where the claim arose, in addition to the other currently permissible locations.

SUMMARY OF PROVISIONS: Amends sections 1801 of the New York city civil court act, the uniform city court act, the uniform district court act and the uniform justice court act to authorize small claims cased to brought in the location where the claim arose.

EXISTING LAW: Current law only permits small claims cases to be brought where the defendant resides or has an office for the transaction of business or a regular employment.

JUSTIFICATION: Under current law, small claims cases may be brought where the defendant resides or has an office for the transaction of business or a regular employment. This bill would also allow such claims to be filed where the claim arose.

The current law can be unreasonably burdensome to the plaintiff in a small claims proceeding. For example, small businesses which sell something or provide a service and are not paid should not be required to bring a small claims action where the defendant resides or is employed in order to receive payment. This can be particularly troublesome when the defendant resides out of town and was traveling through the area where the goods or services were acquired for which payment was not provided. This bill would make the provisions regarding where a small claims action may be brought more equitable.

LEGISLATIVE HISTORY: S.7153 of 2007-08

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2876 2011-2012 Regular Sessions IN SENATE February 2, 2011 ___________
Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the New York city civil court act, the uniform city court act, the uniform district court act and the uniform justice court act, in relation to the location of a small claims proceeding THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1801 of the New York city civil court act, as amended by chapter 65 of the laws of 2010, 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 five thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbitration award rendered pursuant to part 137 of the rules of the chief adminis- trator of the courts (22 NYCRR Part 137) in which the amount in dispute does not exceed five thousand dollars, provided that the defendant either resides, or has an office for the transaction of business or a regular employment, OR THE CLAIM AROSE within the city of New York. S 2. Section 1801 of the uniform city court act, as amended by chapter 65 of the laws of 2010, 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 five thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbitration award rendered pursuant to part 137 of the rules of the chief administrator of the courts (22 NYCRR Part 137) in which the amount in dispute does not exceed $5,000, provided that the defendant either resides, or has an office for the transaction of business or a regular employment, OR THE CLAIM AROSE within the county.
S 3. Section 1801 of the uniform district court act, as amended by chapter 65 of the laws of 2010, 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 five thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbitration award rendered pursuant to part one hundred thirty-seven of the rules of the chief administrator of the courts (22 NYCRR Part 137) in which the amount in dispute does not exceed five thousand dollars, provided that the defendant either resides, or has an office for the transaction of business or a regular employment, OR THE CLAIM AROSE within a district of the court in the county. S 4. 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 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, OR THE CLAIM AROSE within the munici- pality where the 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 5. This act shall take effect immediately.

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