S T A T E O F N E W Y O R K
________________________________________________________________________
6655
I N S E N A T E
March 8, 2012
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- 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 district
court act, the uniform city court act, and the uniform justice court
act, in relation to the consideration of equitable claims and defenses
in small claims actions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1804 of the New York city civil court act, as
amended by chapter 650 of the laws of 1991, is amended to read as
follows:
S 1804. Informal and simplified procedure on small claims. The court
shall conduct hearings upon small claims in such manner as to do
substantial justice between the parties according to the rules of
substantive law and shall not be bound by statutory provisions or rules
of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal trans-
actions or communications with a decedent or mentally ill person. THE
COURT MAY CONSIDER EQUITABLE CLAIMS AND COUNTERCLAIMS, INCLUDING BUT NOT
LIMITED TO, UNJUST ENRICHMENT AND QUANTUM MERUIT, AND EQUITABLE DEFENSES
INCLUDING, BUT NOT LIMITED TO, LACHES AND EQUITABLE ESTOPPEL. An item-
ized bill or invoice, receipted or marked paid, or two itemized esti-
mates for services or repairs, are admissible in evidence and are prima
facie evidence of the reasonable value and necessity of such services
and repairs. Disclosure shall be unavailable in small claims procedure
except upon order of the court on showing of proper circumstances. In
every small claims action, where the claim arises out of the conduct of
the defendant's business at the hearing on the matter, the judge or
arbitrator shall determine the appropriate state or local licensing or
certifying authority and any business or professional association of
which the defendant is a member. The provisions of this act and the
rules of this court, together with the statutes and rules governing
supreme court practice, shall apply to claims brought under this article
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14139-01-2
S. 6655 2
so far as the same can be made applicable and are not in conflict with
the provisions of this article; in case of conflict, the provisions of
this article shall control.
S 2. Section 1804 of the uniform district court act, as amended by
chapter 650 of the laws of 1991, is amended to read as follows:
S 1804. Informal and simplified procedure on small claims. The court
shall conduct hearings upon small claims in such manner as to do
substantial justice between the parties according to the rules of
substantive law and shall not be bound by statutory provisions or rules
of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal trans-
actions or communications with a decedent or mentally ill person. THE
COURT MAY CONSIDER EQUITABLE CLAIMS AND COUNTERCLAIMS, INCLUDING BUT NOT
LIMITED TO, UNJUST ENRICHMENT AND QUANTUM MERUIT, AND EQUITABLE DEFENSES
INCLUDING, BUT NOT LIMITED TO, LACHES AND EQUITABLE ESTOPPEL. An item-
ized bill or invoice, receipted or marked paid, or two itemized esti-
mates for services or repairs, are admissible in evidence and are prima
facie evidence of the reasonable value and necessity of such services
and repairs. Disclosure shall be unavailable in small claims procedure
except upon order of the court on showing of proper circumstances. In
every small claims action, where the claim arises out of the conduct of
the defendant's business at the hearing on the matter, the judge or
arbitrator shall determine the appropriate state or local licensing or
certifying authority and any business or professional association of
which the defendant is a member. The provisions of this act and the
rules of this court, together with the statutes and rules governing
supreme court practice, shall apply to claims brought under this article
so far as the same can be made applicable and are not in conflict with
the provisions of this article; in case of conflict, the provisions of
this article shall control.
S 3. Section 1804 of the uniform city court act, as amended by chapter
650 of the laws of 1991, is amended to read as follows:
S 1804. Informal and simplified procedure on small claims.
The court shall conduct hearings upon small claims in such manner as
to do substantial justice between the parties according to the rules of
substantive law and shall not be bound by statutory provisions or rules
of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal trans-
actions or communications with a decedent or mentally ill person. THE
COURT MAY CONSIDER EQUITABLE CLAIMS AND COUNTERCLAIMS, INCLUDING BUT NOT
LIMITED TO, UNJUST ENRICHMENT AND QUANTUM MERUIT, AND EQUITABLE DEFENSES
INCLUDING, BUT NOT LIMITED TO, LACHES AND EQUITABLE ESTOPPEL. An item-
ized bill or invoice, receipted or marked paid, or two itemized esti-
mates for services or repairs, are admissible in evidence and are prima
facie evidence of the reasonable value and necessity of such services
and repairs. Disclosure shall be unavailable in small claims procedure
except upon order of the court on showing of proper circumstances. In
every small claims action, where the claim arises out of the conduct of
the defendant's business at the hearing on the matter, the judge or
arbitrator shall determine the appropriate state or local licensing or
certifying authority and any business or professional association of
which the defendant is a member. The provisions of this act and the
rules of this court, together with the statutes and rules governing
supreme court practice, shall apply to claims brought under this article
so far as the same can be made applicable and are not in conflict with
S. 6655 3
the provisions of this article; in case of conflict, the provisions of
this article shall control.
S 4. Section 1804 of the uniform justice court act, as amended by
chapter 650 of the laws of 1991, is amended to read as follows:
S 1804. Informal and simplified procedure on small claims.
The court shall conduct hearings upon small claims in such manner as
to do substantial justice between the parties according to the rules of
substantive law and shall not be bound by statutory provisions or rules
of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal trans-
actions or communications with a decedent or mentally ill person. THE
COURT MAY CONSIDER EQUITABLE CLAIMS AND COUNTERCLAIMS, INCLUDING BUT NOT
LIMITED TO, UNJUST ENRICHMENT AND QUANTUM MERUIT, AND EQUITABLE DEFENSES
INCLUDING, BUT NOT LIMITED TO, LACHES AND EQUITABLE ESTOPPEL. An item-
ized bill or invoice, receipted or marked paid, or two itemized esti-
mates for services or repairs, are admissible in evidence and are prima
facie evidence of the reasonable value and necessity of such services
and repairs. Disclosure shall be unavailable in small claims procedure
except upon order of the court on showing of proper circumstances. In
every small claims action, where the claim arises out of the conduct of
the defendant's business at the hearing on the matter, the judge or
arbitrator shall determine the appropriate state or local licensing or
certifying authority and any business or professional association of
which the defendant is a member. The provisions of this act and the
rules of this court, together with the statutes and rules governing
supreme court practice, shall apply to claims brought under this article
so far as the same can be made applicable and are not in conflict with
the provisions of this article; in case of conflict, the provisions of
this article shall control.
S 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.