senate Bill S2876

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
returned to senate
died in assembly
Jun 13, 2011 referred to judiciary
delivered to assembly
passed senate
Jun 06, 2011 advanced to third reading
Jun 02, 2011 2nd report cal.
Jun 01, 2011 1st report cal.910
Feb 02, 2011 referred to judiciary

Votes

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S2876 - Bill Details

See Assembly Version of this Bill:
A10005
Current Committee:
Law Section:
New York City Civil Court Act
Laws Affected:
Amd §1801, NYC Civ Ct Act; amd §1801, UCCA; amd §1801, UDCA; amd §1801, UJCA

S2876 - Bill Texts

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

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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.

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

                                  2876

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08336-01-1

S. 2876                             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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