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This entry was published on 2014-09-22
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SECTION 1810
Limitation on right to resort to small claims procedures
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 18
§ 1810. Limitation on right to resort to small claims procedures. If
the clerk shall find that the procedures of the small 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 small
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 small claims part
to prosecute the claim.