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This entry was published on 2014-09-22
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SECTION 1805
Remedies available; transfer of small claims
Uniform City Court Act (UCT) CHAPTER 497, ARTICLE 18
§ 1805. Remedies available; transfer of small claims.

(a) Upon determination of a small claim, the court shall direct
judgment in accordance with its findings, and, when necessary to do
substantial justice between the parties, may condition the entry of
judgment upon such terms as the court shall deem proper. Pursuant to
section fifty-two hundred twenty-nine of the civil practice law and
rules, prior to entering a judgment, the court may order the examination
of or disclosure by, the defendant and restrain him to the same extent
as if a restraining notice had been served upon him after judgment was
entered.

(b) The court shall have power to transfer any small claim or claims
to any other part of the court upon such terms as the rules may provide,
and proceed to hear the same according to the usual practice and
procedure applicable to other parts of the court.

(c) No counterclaim shall be permitted in a small claims action,
unless the court would have had monetary jurisdiction over the
counterclaim if it had been filed as a small claim. Any other claim
sought to be maintained against the claimant may be filed in any court
of competent jurisdiction.

(d) If the defendant appears to be engaged in repeated fraudulent or
illegal acts or otherwise demonstrates persistent fraud or illegality in
the carrying on, conducting or transaction of business, the court shall
either advise the attorney general in relation to his authority under
subdivision twelve of section sixty-three of the executive law, or shall
advise the claimant to do same, but shall retain jurisdiction over the
small claim.

(e) If the defendant appears to be engaged in fraudulent or illegal
acts or otherwise demonstrates fraud or illegality in the carrying on,
conducting or transaction of a licensed or certified business, the court
shall either advise the appropriate state or local licensing or
certifying authority or shall advise the claimant to do same, but shall
retain jurisdiction over the small claim.

(f) The court shall have the jurisdiction defined in section 3001 of
the CPLR to make a declaratory judgment with respect to actions
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.