senate Bill S140

2013-2014 Legislative Session

Relates to commencement of a small claims action in New York city civil courts

download bill text pdf

Sponsored By

Archive: Last Bill Status -

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S140 - Details

Law Section:
New York City Civil Court Act
Laws Affected:
Amd ยง1803-A, NYC Civ Ct Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S685
2009-2010: S1759A

S140 - Summary

Requires notice by certified mail with return receipt requested for the commencement of a small claims action in New York city civil courts.

S140 - Sponsor Memo

S140 - Bill Text download pdf

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E


                             January 9, 2013

Introduced  by  Sen. SAMPSON -- 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,  in  relation  to
  commencement of a small claims action


  Section 1.  The opening paragraph of subdivision (a) of section 1803-A
of the New York city civil court act, as amended by section 35 of part J
of chapter 62 of the laws of 2003, is amended to read as follows:
  Commercial claims other than claims arising  out  of  consumer  trans-
actions  shall be commenced upon the payment by the claimant of a filing
fee of twenty-five dollars and the cost of mailings as herein  provided,
without  the  service  of  a summons and, except by special order of the
court, without the service of any pleading other than a required certif-
ication verified as to its  truthfulness  by  the  claimant  on  a  form
prescribed  by  the  state office of court administration and filed with
the clerk, that no more than five such actions or proceedings (including
the instant action or  proceeding)  have  been  instituted  during  that
calendar  month,  and a required statement of its cause of action by the
claimant or someone in its behalf to the clerk,  who  shall  reduce  the
same to a concise, written form and record it in a docket kept especial-
ly  for  such  purpose. Such procedure shall provide that the commercial
claims part of the court shall have  no  jurisdiction  over,  and  shall
dismiss,  any  case  with respect to which the required certification is
not made upon the attempted institution of  the  action  or  proceeding.
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  at  his residence, if he
resides within the city of New York, and his residence is known  to  the
claimant,  or  at  his  office or place of regular employment within the

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


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