1. The Laws of New York
  2. Court Acts
  3. New York City Civil Court
  4. Article 22: Transition


Section 2203 Cases in abolished courts carried over

New York City Civil Court (CCA)

All actions and proceedings pending in the city court of the city of New York or the municipal court of the city of New York at the time this act takes effect shall be deemed pending in this court and shall be governed by the following subdivisions of this section.

  (a) Transfer to this court.

  (1) If the action or proceeding was pending in the city court of the city of New York, it shall be transferred to this court in the county in which it was pending in the city court.

  (2) If the action or proceeding was pending in the municipal court of the city of New York, it shall be transferred to this court in the county embracing the district in which it was pending in the municipal court.

  (b) No such action or proceeding, or appeal taken therein, shall abate by virtue of the abolition of said courts.

  (c) For the purpose of the disposition of such actions and proceedings only, the jurisdiction of this court shall be deemed:

  (1) expanded to that of the abolished court whenever necessary to sustain the jurisdiction of this court over such action or proceeding if the abolished court had jurisdiction of the same; and

  (2) contracted to that of the abolished court so as to prevent this court from giving relief of such nature or in such amount as could not be given by the abolished court.

  (d) Except as provided for in the foregoing, practice and procedure in such actions and proceedings shall be as if the same were instituted in this court after the effective date of this act. But if the court shall find that a practice or procedure available in the abolished court, but unavailable under this act, is necessary to the disposition of such action or proceeding, the court may permit recourse to or completion of the same.