S T A T E   O F   N E W   Y O R K
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                                  8394

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

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:

  Section  1.  Section  212-a  of  the New York city civil court act, as
amended by chapter 11 of the  laws  of  1984,  is  amended  to  read  as
follows:
  S  212-a.  Declaratory judgments involving obligations of insurers AND
DE NOVO REVIEW UNDER PART 137 OF THE RULES OF THE CHIEF ADMINISTRATOR OF
THE COURTS (22 NYCRR PART 137).  The court shall have  the  jurisdiction
defined  in section 3001 of the CPLR to make a declaratory judgment with
respect to:
  (A) any controversy involving the obligation of an insurer  to  indem-
nify or defend a defendant in an action in which the amount sought to be
recovered does not exceed $25,000; AND
  (B)  ACTIONS  COMMENCED  BY  A PARTY AGGRIEVED BY AN ARBITRATION AWARD
RENDERED PURSUANT TO PART 137 OF THE RULES OF THE CHIEF ADMINISTRATOR IN
WHICH THE AMOUNT IN DISPUTE DOES NOT EXCEED $25,000.
  S 2. 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10089-03-9
              

A. 8394                             2

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.
  S  3.  Section 1805 of the New York city civil court act is amended by
adding a new subdivision (f) to read as follows:
  (F) THE COURT SHALL HAVE THE JURISDICTION  DEFINED  IN  SECTION  THREE
THOUSAND  ONE OF THE CPLR TO MAKE A DECLARATORY JUDGMENT WITH RESPECT TO
ACTIONS COMMENCED BY A PARTY AGGRIEVED BY AN ARBITRATION AWARD  RENDERED
PURSUANT  TO  PART  ONE  HUNDRED  THIRTY-SEVEN OF THE RULES OF THE CHIEF
ADMINISTRATOR (22 NYCRR PART 137) IN WHICH THE AMOUNT  IN  DISPUTE  DOES
NOT EXCEED FIVE THOUSAND DOLLARS.
  S 4. The uniform district court act is amended by adding a new section
212-a to read as follows:
S 212-A. DECLARATORY  JUDGMENTS  INVOLVING DE NOVO REVIEW UNDER PART 137
           OF THE RULES OF THE CHIEF ADMINISTRATOR  OF  THE  COURTS  (22
           NYCRR PART 137).
  THE  COURT  SHALL HAVE THE JURISDICTION DEFINED IN SECTION 3001 OF THE
CPLR TO MAKE A DECLARATORY JUDGMENT WITH RESPECT TO ACTIONS COMMENCED BY
A PARTY AGGRIEVED BY AN ARBITRATION AWARD RENDERED PURSUANT TO PART  ONE
HUNDRED  THIRTY-SEVEN  OF  THE RULES OF THE CHIEF ADMINISTRATOR IN WHICH
THE AMOUNT IN DISPUTE DOES NOT EXCEED FIFTEEN THOUSAND DOLLARS.
  S 5. 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, 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.
  S  6.  Section  1805  of  the uniform district court act is amended by
adding a new subdivision (f) to read as follows:
  (F) THE COURT SHALL HAVE THE JURISDICTION  DEFINED  IN  SECTION  THREE
THOUSAND  ONE  OF THE CIVIL PRACTICE LAW AND RULES TO MAKE A DECLARATORY
JUDGMENT WITH RESPECT TO ACTIONS 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.
  S  7.  The  uniform  city court act is amended by adding a new section
212-a to read as follows:
S 212-A. DECLARATORY JUDGMENTS INVOLVING DE NOVO REVIEW UNDER  PART  137
           OF  THE  RULES  OF  THE CHIEF ADMINISTRATOR OF THE COURTS (22
           NYCRR PART 137).
  THE COURT SHALL HAVE THE JURISDICTION DEFINED IN SECTION 3001  OF  THE
CPLR  TO MAKE A DECLARATORY JUDGMENT WITH RESECT TO ACTIONS COMMENCED BY
A PARTY AGGRIEVED BY AN ARBITRATION AWARD RENDERED PURSUANT TO PART  137
OF  THE  RULES OF THE CHIEF ADMINISTRATOR IN WHICH THE AMOUNT IN DISPUTE
DOES NOT EXCEED $15,000.
  S 8. 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

A. 8394                             3

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, within the county.
  S 9. Section 1805 of the uniform city court act is amended by adding a
new subdivision (f) to read as follows:
  (F)  THE  COURT SHALL HAVE THE JURISDICTION DEFINED IN SECTION 3001 OF
THE CPLR  TO  MAKE  A  DECLARATORY  JUDGMENT  WITH  RESPECT  TO  ACTIONS
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.
  S 10. 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 commenced on or after such effective date.