0 chapters · 158 sections in this title.
N.Y. New York City Civil Court Act § 1706 Appeals from appellate court
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§ 1706. Appeals from appellate court. Appeals from the judgment or order of an appellate court, on appeal from this court, shall be governed by the CPLR.
N.Y. New York City Civil Court Act § 1707 Appeal to the court of appeals
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§ 1707. Appeal to the court of appeals. An appeal may be taken direct to the court of appeals from a judgment or order which finally determines an action or special proceeding where the only question involved on the appeal is the validity of a statutory provision of the state or…
N.Y. New York City Civil Court Act § 1801 Small claims defined
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§ 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 ten thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbitrat…
N.Y. New York City Civil Court Act § 1801-A Commercial claims defined
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§ 1801-A. Commercial claims defined. (a) The term "commercial claim" or "commercial claims" as used in this article shall mean and include any cause of action for money only not in excess of the maximum amount permitted for a small claim in the small claims part of the court, ex…
N.Y. New York City Civil Court Act § 1802 Parts for the determination of small claims established
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§ 1802. Parts for the determination of small claims established. The chief administrator shall assign the times and places for holding, and the judges who shall hold, one or more parts of the court in each county for the hearing of small claims as herein defined, and the rules m…
N.Y. New York City Civil Court Act § 1802-A Parts for the determination of commercial claims established
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§ 1802-A. Parts for the determination of commercial claims established. The chief administrator shall assign the times and places for holding, and the judges who shall hold, one or more parts of the court in each county for the hearing of commercial claims as herein defined, and…
N.Y. New York City Civil Court Act § 1803 Commencement of action upon small claim
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§ 1803. Commencement of action upon small claim. (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 thousand dollars or less and twenty dollars for claims in the amount of more than one thousand…
N.Y. New York City Civil Court Act § 1803-A Commencement of action upon commercial claim
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§ 1803-A. Commencement of action upon commercial claim. (a) Commercial claims other than claims arising out of consumer transactions shall be commenced upon the payment by the claimant of a filing fee of twenty-five dollars and the cost of mailings as herein provided, without th…
N.Y. New York City Civil Court Act § 1804 Informal and simplified procedure on small claims
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§ 1804. Informal and simplified procedure on small claims. The court shall conduct hearings upon small claims in such manner as to do substantial justice between the parties according to the rules of substantive law and shall not be bound by statutory provisions or rules of prac…
N.Y. New York City Civil Court Act § 1804-A Informal and simplified procedure on commercial claims
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§ 1804-A. Informal and simplified procedure on commercial claims. The court shall conduct hearings upon commercial claims in such manner as to do substantial justice between the parties according to the rules of substantive law and shall not be bound by statutory provisions or r…
N.Y. New York City Civil Court Act § 1805 Remedies available; transfer of small claims
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§ 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 …
N.Y. New York City Civil Court Act § 1805-A Remedies available; transfer of commercial claims
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§ 1805-A. Remedies available; transfer of commercial claims. (a) Upon determination of a commercial 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…
N.Y. New York City Civil Court Act § 1806 Trial by jury; how obtained; discretionary costs
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§ 1806. Trial by jury; how obtained; discretionary costs. A person commencing an action upon a small claim under this article shall be deemed to have waived a trial by jury, but if said action shall be removed to a regular part of the court, the plaintiff shall have the same rig…
N.Y. New York City Civil Court Act § 1806-A Trial by jury; how obtained; discretionary costs
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§ 1806-A. Trial by jury; how obtained; discretionary costs. A claimant commencing an action upon a commercial claim under this article shall be deemed to have waived a trial by jury, but if said action shall be removed to a regular part of the court, the claimant shall have the …
N.Y. New York City Civil Court Act § 1807 Review
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§ 1807. Review. A person commencing an action upon a small claim under this article shall be deemed to have waived all right to appeal, except that either party may appeal on the sole grounds that substantial justice has not been done between the parties according to the rules a…
N.Y. New York City Civil Court Act § 1807-A Proceedings on default and review of judgments
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§ 1807-A. Proceedings on default and review of judgments. (a) A claimant commencing an action upon a commercial claim under this article shall be deemed to have waived all right to appeal, except that either party may appeal on the sole grounds that substantial justice has not b…
N.Y. New York City Civil Court Act § 1808 Judgment obtained to be res judicata in certain cases
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§ 1808. Judgment obtained to be res judicata in certain cases. A judgment obtained under this article shall not be deemed an adjudication of any fact at issue or found therein in any other action or court; except that a subsequent judgment obtained in another action or court inv…
N.Y. New York City Civil Court Act § 1808-A Judgment obtained to be res judicata in certain cases
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§ 1808-A. Judgment obtained to be res judicata in certain cases. A judgment obtained under this article shall not be deemed an adjudication of any fact at issue or found therein in any other action or court; except that a subsequent judgment obtained in another action or court i…
N.Y. New York City Civil Court Act § 1809 Procedures relating to corporations, associations, insurers and assignees
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§ 1809. Procedures relating to corporations, associations, insurers and assignees. 1. No corporation, except a municipal corporation, public benefit corporation, school district or school district public library wholly or partially within the municipal corporate limit, no partne…
N.Y. New York City Civil Court Act § 1809-A Procedures relating to corporations, associations, insurers and assignees
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§ 1809-A. Procedures relating to corporations, associations, insurers and assignees. (a) Any corporation, including a municipal corporation or public benefit corporation, partnership, or association, which has its principal office in the city of New York and an assignee of any c…
N.Y. New York City Civil Court Act § 1810 Limitation on right to resort to small claims procedures
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§ 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…
N.Y. New York City Civil Court Act § 1810-A Limitation on right to resort to commercial claims procedures
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§ 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 suc…
N.Y. New York City Civil Court Act § 1811 Notice of small claims judgments and indexing of unpaid claims
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§ 1811. Notice of small claims judgments and indexing of unpaid claims. (a) Notice of judgment sent to judgment debtor shall specify that a failure to satisfy a judgment may subject the debtor to any one or combination of the following actions: 1. garnishment of wage; 2. garnish…
N.Y. New York City Civil Court Act § 1811-A Indexing commercial claims part judgments
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§ 1811-A. Indexing commercial claims part judgments. All wholly or partially unsatisfied commercial claims part judgments shall be indexed alphabetically and chronologically under the name of the judgment debtor. Upon satisfying the judgment, the judgment debtor shall present ap…
N.Y. New York City Civil Court Act § 1812 Enforcement of small claims judgments
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§ 1812. Enforcement of small claims judgments. (a) The special procedures set forth in subdivision (b) hereof shall be available only where: 1. there is a recorded judgment of a small claims court; and 2. (i) the aforesaid judgment resulted from a transaction in the course of th…
N.Y. New York City Civil Court Act § 1812-A Enforcement of commercial claims judgments
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§ 1812-A. Enforcement of commercial claims judgments. Where a judgment has been entered in a commercial claims part and remains unsatisfied, the commercial claims clerk shall, upon request, issue information subpoenas, at nominal cost, for the judgment creditor and provide the c…
N.Y. New York City Civil Court Act § 1813 Duty to pay judgments
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§ 1813. Duty to pay judgments. (a) Any person, partnership, firm or corporation which is sued in a small claims court for any cause of action arising out of its business activities, shall pay any judgment rendered against it in its true name or in any name in which it conducts b…
N.Y. New York City Civil Court Act § 1813-A Duty to pay judgments
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§ 1813-A. Duty to pay judgments. (a) Any person, partnership, firm or corporation which is sued in a commercial claims part for any cause of action arising out of its business activities, shall pay any judgment rendered against it in its true name or in any name in which it cond…
N.Y. New York City Civil Court Act § 1814 Designation of defendant; amendment procedure
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§ 1814. Designation of defendant; amendment procedure. (a) A party who is ignorant, in whole or in part, of the true name of a person, partnership, firm or corporation which may properly be made a party defendant, may proceed against such defendant in any name used by the person…
N.Y. New York City Civil Court Act § 1814-A Designation of defendant; amendment procedure
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§ 1814-A. Designation of defendant; amendment procedure. (a) A party who is ignorant, in whole or in part, of the true name of a person, partnership, firm or corporation which may properly be made a party defendant, may proceed against such defendant in any name used by the pers…
N.Y. New York City Civil Court Act § 1815 Appearance by non-attorney representatives
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* § 1815. Appearance by non-attorney representatives. The court may permit, upon the request of a party, that a non-attorney representative, who is related by consanguinity or affinity to such party, be allowed to appear on behalf of such party when the court finds that due to t…
N.Y. New York City Civil Court Act § 1815*2 Access to daytime pro se part
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* § 1815. Access to daytime pro se part. 1. Senior citizens, disabled persons and members of the work force whose normal work schedule requires them to work during evening hours may institute a small claims action or proceeding returnable to the daytime pro se part of the court.…
N.Y. New York City Civil Court Act § 1900 Security for costs
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§ 1900. Security for costs. Article 85 of the CPLR, entitled "security\nfor costs", shall apply in this court, except that the minimum\nundertaking of CPLR 8503 shall be $200 rather than the amount therein\nprovided.\n
N.Y. New York City Civil Court Act § 1901 Amount of costs in an action
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§ 1901. Amount of costs in an action. (a) Ordinary costs. Except as\nprovided in subdivisions (b) and (c) of this section, costs awarded in\nan action shall be in the amount of:\n 1. fifty dollars for all proceedings before a notice of trial is\nfiled; plus\n 2. one hundred doll…
N.Y. New York City Civil Court Act § 1903 Costs; additional provisions
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§ 1903. Costs; additional provisions. The provisions of CPLR §§ 8101,\n8103, 8104, 8105 and 8106 shall apply in actions and proceedings in this\ncourt.\n
N.Y. New York City Civil Court Act § 1904 Certain costs added; additional allowance
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§ 1904. Certain costs added; additional allowance. (a) Certain costs added. Costs on appeal, and those awarded under § 1102 of this act, may be added to the amount of costs otherwise applicable in the action. (b) Additional allowance. 1. Section 8302 of the CPLR, relating to an …
N.Y. New York City Civil Court Act § 1905 No costs on plea of bankruptcy
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§ 1905. No costs on plea of bankruptcy. Where the defendant recovers judgment upon the defense of bankruptcy, he shall not be entitled to costs.
N.Y. New York City Civil Court Act § 1906 Costs allowed by court
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§ 1906. Costs allowed by court. The court may in its discretion impose costs not exceeding fifty dollars in the following cases: (a) Upon granting or denying a motion. (b) Upon allowing an amendment of a pleading. (c) Upon adjournment of a trial.
N.Y. New York City Civil Court Act § 1906-A Costs in a summary proceeding
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§ 1906-a. Costs in a summary proceeding. In a summary proceeding to recover possession of real property, petitioner shall be allowed as costs for each necessary respondent served with the notice of petition by a person other than a sheriff or marshal, five dollars, and if there …
N.Y. New York City Civil Court Act § 1907 Taxation of costs and disbursements
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§ 1907. Taxation of costs and disbursements. Costs, together with fees paid to the clerk and the fee for issuing execution to the sheriff or marshal, must be taxed by the clerk forthwith upon rendition of judgment and inserted therein. Upon issuing a transcript the clerk shall i…
N.Y. New York City Civil Court Act § 1908 Disbursements allowable
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§ 1908. Disbursements allowable. Except where the contrary is specifically provided by law, a party to whom costs are awarded, or a prevailing party who has appeared in person, shall be allowed his necessary disbursements as follows: (a) All fees paid to the clerk, the sheriff o…
N.Y. New York City Civil Court Act § 1908-A Disbursement where service of process by mail is not acknowledged
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§ 1908-a. Disbursement where service of process by mail is not acknowledged. In any action where service of process is made by mail pursuant to CPLR 312-a, and where the signed acknowledgement of receipt is not returned within thirty (30) days after receipt of the documents mail…
N.Y. New York City Civil Court Act § 1909 Review of taxation
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§ 1909. Review of taxation. Within ten days the clerk's taxation may be reviewed by the court upon two days' notice. The order must disallow any items wrongfully included in the judgment or add any items wrongfully omitted therefrom, and direct that any sum so disallowed be cred…
N.Y. New York City Civil Court Act § 1910 Costs upon appeal
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§ 1910. Costs upon appeal. (a) Costs upon an appeal may be awarded by the appellate court in its discretion, and if awarded shall be as follows: 1. To the appellant upon reversal, not more than thirty dollars. 2. To the respondent upon affirmance, not more than twenty-five dolla…
N.Y. New York City Civil Court Act § 1911 Fees payable to the clerk
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§ 1911. Fees payable to the clerk. There shall be paid to the clerk\nthe following sums as court fees in an action:\n (a) Upon issuance of a summons, order of arrest or attachment, or\nrequisition or warrant of seizure by the clerk, together with copies\nthereof, forty-five doll…
N.Y. New York City Civil Court Act § 1912 Actions in which no fees to be charged; employees; state or city actions
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§ 1912. Actions in which no fees to be charged; employees; state or city actions. (a) Employee's action. When the action is brought by an employee against an employer for services performed by such employee, the clerk shall not demand or receive any fees whatsoever from the plai…
N.Y. New York City Civil Court Act § 1913 Witnesses' fees
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§ 1913. Witnesses' fees. Witnesses in an action or a special proceeding or before a commissioner or judge of this court taking a deposition, are entitled to the same fees, including mileage, as a witness in an action in the supreme court.
N.Y. New York City Civil Court Act § 1914 Stenographer's fees
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§ 1914. Stenographer's fees. In all cases of appeal from an order or judgment, where a transcript of the stenographer's minutes or mechanical record of the testimony given on trial or hearing becomes a necessary part of the return on appeal, the stenographer's fees for making up…
N.Y. New York City Civil Court Act § 1915 Fees of sheriff and marshal
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§ 1915. Fees of sheriff and marshal. In performing a function within their respective jurisdiction and powers as elsewhere provided in this act, the sheriff of the city of New York and the city marshals shall be allowed and paid the same fees to which a sheriff would be entitled…
N.Y. New York City Civil Court Act § 201 Jurisdiction; in general
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§ 201. Jurisdiction; in general. The court shall have jurisdiction as set forth in this article and as elsewhere provided by law. The phrase "$50,000", whenever it appears herein, shall be taken to mean "$50,000 exclusive of interest and costs".