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This entry was published on 2014-09-22
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SECTION 1810-A
Limitation on right to resort to commercial claims procedures
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 18-A
§ 1810-A. Limitation on right to resort to commercial claims
procedures. If the clerk shall find that the procedures of the
commercial claims part are sought to be utilized by a claimant for
purposes of oppression or harassment, as where a claimant has previously
resorted to such procedures on the same claim and has been unsuccessful
after the hearing thereon, the clerk may in his discretion compel the
claimant to make application to the court for leave to prosecute the
claim in the commercial claims part. The court upon such application
may inquire into the circumstances and, if it shall find that the claim
has already been adjudicated, or that the claim is sought to be brought
on solely for purposes of oppression or harassment and not under color
of right, it may make an order denying the claimant the use of the
commercial claims part to prosecute the claim.