The New York State Senate

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

                                 4781--A
    Cal. No. 432

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to a third reading, substituted by Assembly Bill No.
  6011, substitution reconsidered and  vote  reconsidered,  restored  to
  third  reading,  amended and ordered reprinted, retaining its place in
  the order of third reading

AN ACT to amend the uniform city court act, the uniform  district  court
  act,  the  uniform justice court act and the New York city civil court
  act, in relation to obtaining jurisdiction over certain defendants

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

  Section  1.  Section 1801 of the uniform city court act, as amended by
chapter 601 of the laws of 2003, 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, provided that the
defendant either resides, or has an office for the transaction of  busi-
ness or a regular employment[,] WITHIN THE COUNTY, OR WHERE THE CLAIMANT
IS OR WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE DEFENDANT AND
THE  CLAIM  RELATES  TO SUCH TENANCY OR LEASE, AND SUCH REAL PROPERTY IS
SITUATED within the county.
  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

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

                                                           LBD00790-03-0

S. 4781--A                          2

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[,] WITHIN THE COUNTY, OR
WHERE  THE  CLAIMANT IS OR WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED
BY THE DEFENDANT AND THE CLAIM RELATES TO SUCH  TENANCY  OR  LEASE,  AND
SUCH REAL PROPERTY IS SITUATED within the county.
  S 3. Subdivision (a) of section 1803 of the uniform city court act, as
amended    by  chapter 309 of the laws of 1996, the opening paragraph as
amended by section 1 of part B of chapter 686 of the laws  of  2003,  is
amended to read as follows:
  (a)  Small  claims shall be commenced upon the payment by the claimant
of a filing fee of fifteen dollars for claims in the amount of one thou-
sand dollars or less and twenty dollars for claims in the amount of more
than one thousand dollars, without the service of a summons and,  except
by special order of the court, without the service of any pleading other
than  a  statement  of his cause of action by the claimant or someone in
his behalf to the clerk, who shall reduce the same to a concise, written
form and record it in a docket kept especially for  such  purpose.  Such
procedure shall provide for the sending of notice of such claim by ordi-
nary  first  class mail and certified mail with return receipt requested
to the party complained against (1) at  his  residence,  if  he  resides
within the county, and his residence is known to the claimant, or (2) at
his  office  or place of regular employment within the county if he does
not reside therein or his residence within the county is  not  known  to
the  claimant, OR (3) WHERE THE CLAIMANT IS OR WAS A TENANT OR LESSEE OF
REAL PROPERTY OWNED BY THE DEFENDANT  AND  THE  CLAIM  RELATES  TO  SUCH
TENANCY  OR LEASE AND THE NOTICE OF CLAIM CANNOT BE SENT UNDER PARAGRAPH
ONE OR TWO OF THIS SUBDIVISION, AT ANY PLACE IN THE COUNTY OR AN ADJOIN-
ING COUNTY WHERE CLAIMANT MAY MAIL OR OTHERWISE DELIVER RENT AND AT SUCH
REAL PROPERTY.  If, after the expiration of twenty-one days, such  ordi-
nary  first  class  mailing  has not been returned as undeliverable, the
party complained against shall be presumed to have  received  notice  of
such  claim. Such notice shall include a clear description of the proce-
dure for filing a counterclaim, pursuant  to  subdivision  (c)  of  this
section.
  Such  procedure  shall  further  provide for an early hearing upon and
determination of such claim. No filing fee, however, shall  be  demanded
or received on small claims of employees who shall comply with S 1912 of
this  act which is hereby made applicable, except that necessary mailing
costs shall be paid.
  S 4. Section 1801 of the uniform district court  act,  as  amended  by
chapter 601 of the laws of 2003, 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, provided that the
defendant  either resides, or has an office for the transaction of busi-
ness or a regular employment[,] WITHIN A DISTRICT OF THE  COURT  IN  THE
COUNTY, OR WHERE THE CLAIMANT IS OR WAS A TENANT OR LESSEE OF REAL PROP-
ERTY  OWNED  BY  THE  DEFENDANT AND THE CLAIM RELATES TO SUCH TENANCY OR
LEASE, AND SUCH REAL PROPERTY IS SITUATED within a district of the court
in the county.
  S 5. 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.

S. 4781--A                          3

  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[,] WITHIN A DISTRICT OF THE COURT IN THE COUNTY, OR WHERE THE
CLAIMANT IS OR WAS A TENANT OR LESSEE OF  REAL  PROPERTY  OWNED  BY  THE
DEFENDANT  AND THE CLAIM RELATES TO SUCH TENANCY OR LEASE, AND SUCH REAL
PROPERTY IS SITUATED within a district of the court in the county.
  S 6. Subdivision (a) of section 1803 of  the  uniform  district  court
act,  as  amended  by  section 31 of part J of chapter 62 of the laws of
2003, is amended to read as follows:
  (a) Small claims shall be commenced upon the payment by  the  claimant
of a filing fee of fifteen dollars for claims in the amount of one thou-
sand dollars or less and twenty dollars for claims in the amount of more
than  one thousand dollars, without the service of a summons and, except
by special order of the court, without the service of any pleading other
than a statement of his cause of action by the claimant  or  someone  in
his behalf to the clerk, who shall reduce the same to a concise, written
form  and  record  it in a docket kept especially for such purpose. Such
procedure shall provide for the sending of notice of such claim by ordi-
nary first class mail and certified mail with return  receipt  requested
to  the  party  complained  against  (1) at his residence, if he resides
within a district of the court in the county, and his residence is known
to the claimant, or (2) at his office or  place  of  regular  employment
within  such  a  district if he does not reside therein or his residence
within such a district is not known to the claimant, OR (3) WHERE CLAIM-
ANT IS OR WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE DEFENDANT
AND THE CLAIM RELATES TO SUCH TENANCY OR LEASE AND THE NOTICE  OF  CLAIM
CANNOT  BE  SENT  UNDER PARAGRAPH ONE OR TWO OF THIS SUBDIVISION, AT ANY
PLACE IN THE STATE WHERE CLAIMANT MAY MAIL OR OTHERWISE DELIVER RENT AND
AT SUCH REAL PROPERTY.   If, after the expiration  of  twenty-one  days,
such  ordinary  first class mailing has not been returned as undelivera-
ble, the party complained against shall be  presumed  to  have  received
notice  of  such claim. Such notice shall include a clear description of
the procedure for filing a counterclaim, pursuant to subdivision (c)  of
this section.
  Such  procedure  shall  further  provide for an early hearing upon and
determination of such claim. No filing fee, however, shall  be  demanded
or  received  on  small claims of employees who shall comply with S 1912
(a) of this act which is hereby made applicable, except  that  necessary
mailing costs shall be paid.
  S  7.  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[,] WITHIN THE  MUNICIPALITY  WHERE  THE
COURT IS LOCATED, OR WHERE CLAIMANT IS OR WAS A TENANT OR LESSEE OF REAL
PROPERTY OWNED BY THE DEFENDANT AND THE CLAIM RELATES TO SUCH TENANCY OR
LEASE,  AND SUCH REAL PROPERTY IS SITUATED within the municipality where

S. 4781--A                          4

the court is located. However, where a judge of the county court, pursu-
ant 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 8. Subdivision (a) of section 1803 of the uniform justice court act,
as amended by chapter 309 of the laws of 1996, is  amended  to  read  as
follows:
  (a)  Small  claims shall be commenced upon the payment by the claimant
of a filing fee of ten dollars for claims in the amount of one  thousand
dollars  or  less  and  fifteen dollars for claims in the amount of more
than one thousand dollars, without the service of a summons and,  except
by special order of the court, without the service of any pleading other
than  a  statement  of his cause of action by the claimant or someone in
his behalf to the clerk, who shall reduce the same to a concise, written
form and record it in a filing system  maintained  especially  for  such
purpose.  Such procedure shall provide for the sending of notice of such
claim by ordinary first  class  mail  and  certified  mail  with  return
receipt  requested to the party complained against (1) at his residence,
if he resides within the county and his residence is known to the claim-
ant, or (2) at his office or place  of  regular  employment  within  the
municipality  if  he  does not reside within the county or his residence
within the county is not known to the claimant, OR (3) WHERE CLAIMANT IS
OR WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED BY  THE  DEFENDANT  AND
THE  CLAIM  RELATES  TO  SUCH  TENANCY  OR LEASE AND THE NOTICE OF CLAIM
CANNOT BE SENT UNDER PARAGRAPH ONE OR TWO OF THIS  SUBDIVISION,  AT  ANY
PLACE  IN  THE  COUNTY OR AN ADJOINING COUNTY WHERE CLAIMANT MAY MAIL OR
OTHERWISE DELIVER RENT AND AT SUCH REAL PROPERTY.  If, after the expira-
tion of twenty-one days, such ordinary first class mailing has not  been
returned  as  undeliverable,  the  party  complained  against  shall  be
presumed to have received notice of  such  claim.    Such  notice  shall
include  a clear description of the procedure for filing a counterclaim,
pursuant to subdivision (c) of this section.
  Such procedure shall further provide for an  early  hearing  upon  and
determination  of  such claim. No filing fee, however, shall be demanded
or received on small claims of employees who shall comply  with  section
nineteen  hundred  twelve  of  this act which is hereby made applicable,
except that necessary mailing costs shall be paid.
  S 9. Section 1801 of the New York city civil court act, as amended  by
chapter 601 of the laws of 2003, 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, provided that the defendant either resides, or has an office  for
the  transaction  of business or a regular employment[,] WITHIN THE CITY
OF NEW YORK, OR WHERE CLAIMANT IS OR WAS A  TENANT  OR  LESSEE  OF  REAL
PROPERTY OWNED BY THE DEFENDANT AND THE CLAIM RELATES TO SUCH TENANCY OR
LEASE, AND SUCH REAL PROPERTY IS SITUATED within the city of New York.
  S 10. 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-

S. 4781--A                          5

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[,] WITHIN THE CITY OF NEW YORK, OR WHERE CLAIMANT IS
A TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE DEFENDANT AND THE CLAIM
RELATES TO SUCH TENANCY OR LEASE, AND SUCH  REAL  PROPERTY  IS  SITUATED
within the city of New York.
  S 11. Subdivision (a) of section 1803 of the New York city civil court
act,  as  amended  by  section 34 of part J of chapter 62 of the laws of
2003, is amended to read as follows:
  (a) Small claims shall be commenced upon the payment by  the  claimant
of a filing fee of fifteen dollars for claims in the amount of one thou-
sand dollars or less and twenty dollars for claims in the amount of more
than  one thousand dollars, without the service of a summons and, except
by special order of the court, without the service of any pleading other
than a statement of his cause of action by the claimant  or  someone  in
his behalf to the clerk, who shall reduce the same to a concise, written
form  and  record  it in a docket kept especially for such purpose. Such
procedure shall provide for the sending of notice of such claim by ordi-
nary first class mail and certified mail with return  receipt  requested
to  the  party  complained  against  (1) at his residence, if he resides
within the city of New York, and his residence is known to the claimant,
or (2) at his office or place of regular employment within the  city  of
New  York if he does not reside therein or his residence within the city
of New York is not known to the claimant, OR (3) WHERE  CLAIMANT  IS  OR
WAS  A  TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE DEFENDANT AND THE
CLAIM RELATES TO SUCH TENANCY OR LEASE AND THE NOTICE OF CLAIM CANNOT BE
SENT UNDER PARAGRAPH ONE OR TWO OF THIS SUBDIVISION, AT ANY PLACE IN THE
STATE WHERE PLAINTIFF MAY MAIL OR OTHERWISE DELIVER  RENT  AND  AT  SUCH
REAL  PROPERTY.  If, after the expiration of twenty-one days, such ordi-
nary first class mailing has not been  returned  as  undeliverable,  the
party  complained  against  shall be presumed to have received notice of
such claim. Such notice shall include a clear description of the  proce-
dure  for  filing  a  counterclaim,  pursuant to subdivision (c) of this
section.
  Such procedure shall further provide for an  early  hearing  upon  and
determination  of  such claim. No filing fee, however, shall be demanded
or received on small claims of employees who shall comply  with  S  1912
(a)  of  this act which is hereby made applicable, except that necessary
mailing costs shall be paid.
  S 12. This act shall take  effect  on  the  first  of  September  next
succeeding  the  date on which it shall have become a law; provided that
sections two, five and ten of this act shall take  effect  on  the  same
date  and  in  the  same  manner as chapter 65 of the laws of 2010 takes
effect.