S2896-2013 Actions

• Jan 24, 2013: REFERRED TO JUDICIARY

S2896-2013 Memo

BILL NUMBER:S2896

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 author-
izing small claims cases to be brought where the claim arose, in addi-
tion 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 some-
thing 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

S2896-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2896
 2013-2014 Regular Sessions
 I N  SENATE
 January 24, 2013
 
 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02551-01-3
 
       S. 2896                             2
 

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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