S T A T E O F N E W Y O R K
________________________________________________________________________
3859
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. GOTTFRIED, DINOWITZ, WRIGHT, COLTON, CAHILL --
Multi-Sponsored by -- M. of A. BRENNAN, CLARK, GLICK, HOOPER, LALOR,
PERRY, RUSSELL, SCARBOROUGH -- read once and referred to the Committee
on Judiciary
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 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[,] 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. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02853-01-5
A. 3859 2
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 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[,] 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 4. 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
A. 3859 3
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 5. 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
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 6. 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
A. 3859 4
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 7. 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[,] 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 8. 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
A. 3859 5
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 9. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.