0 chapters · 136 sections in this title.
N.Y. Uniform City 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 invo…
N.Y. Uniform City 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 inv…
N.Y. Uniform City 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 partner…
N.Y. Uniform City 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 state of New York and an assignee of any c…
N.Y. Uniform City 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. Uniform City 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 such…
N.Y. Uniform City 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. garnishm…
N.Y. Uniform City 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 app…
N.Y. Uniform City 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 the…
N.Y. Uniform City 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 cr…
N.Y. Uniform City 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 bu…
N.Y. Uniform City 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 condu…
N.Y. Uniform City 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. Uniform City 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 perso…
N.Y. Uniform City 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 the …
N.Y. Uniform City Court Act § 1900 Security for costs
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§ 1900. Security for costs.\n Article 85 of the CPLR, entitled "security for costs," shall apply in\nthis court, except that the minimum undertaking of CPLR 8503 shall be\n$200 rather than the amount therein provided.\n
N.Y. Uniform City 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 provided in subdivisions (b) and (c) of this section, costs awarded in an action shall be in the amount of: 1. fifty dollars for all proceedings before a notice of trial is filed; plus 2. one hundred dollars for …
N.Y. Uniform City Court Act § 1903 Costs; additional provisions
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§ 1903. Costs; additional provisions. The provisions of CPLR §§ 8101, 8103, 8104, 8105 and 8106 shall apply in actions and proceedings in this court.
N.Y. Uniform City Court Act § 1904 Certain costs added
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§ 1904. 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.
N.Y. Uniform City 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. Uniform City 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. Uniform City 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 an enforcement officer, five dollars, and if there…
N.Y. Uniform City 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 enforcement officer, must be taxed by the clerk forthwith upon rendition of judgment and inserted therein. Upon issuing a transcript the clerk shall i…
N.Y. Uniform City 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 or an enforceme…
N.Y. Uniform City 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 maile…
N.Y. Uniform City 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 credi…
N.Y. Uniform City Court Act § 1910 Costs upon appeal
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§ 1910. Costs upon appeal.\n (a) Costs upon an appeal may be awarded by the appellate court in its\ndiscretion, and if awarded shall be as follows:\n 1. To the appellant upon reversal, not more than thirty dollars.\n 2. To the respondent upon affirmance, not more than twenty-five…
N.Y. Uniform City Court Act § 1911 Fees
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§ 1911. Fees.\n (a) Fees payable to the clerk. There shall be paid to the clerk the\nfollowing sums as court fees in civil matters and there shall be no\nothers:\n (1) Upon the filing of the first paper in any action or proceeding,\nforty-five dollars, unless there has already be…
N.Y. Uniform City Court Act § 1912 Actions in which no fees to be charged; employees
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§ 1912. Actions in which no fees to be charged; employees. 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 plaintiff or his attorney, if th…
N.Y. Uniform City Court Act § 1913 Witnesses' fees
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§ 1913. Witnesses' fees.\n Witnesses in an action or a special proceeding or before a\ncommissioner or judge of this court taking a deposition, are entitled to\nthe same fees, including mileage, as a witness in an action in the\nsupreme court.\n
N.Y. Uniform City Court Act § 2001 Criminal jurisdiction; procedures
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§ 2001. Criminal jurisdiction; procedures. (1) The court shall have such jurisdiction of criminal matters as is prescribed by the criminal procedure law. (2) Unless otherwise specifically prescribed, the practice and procedure in the court shall be governed by the criminal proced…
N.Y. Uniform City Court Act § 2005 Further powers of judges; process and mandates
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§ 2005. Further powers of judges; process and mandates. The judges of the court shall have the power and jurisdiction to send processes and other mandates in any matter of which they have jurisdiction into any part of the county or any adjoining county, for service or execution, …
N.Y. Uniform City Court Act § 2009 Judge before whom defendant arraigned or tried
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§ 2009. Judge before whom defendant arraigned or tried. An accused person need not be arraigned or tried before the judge signing or issuing the summons or warrant, but may be arraigned or tried before any judge of the court; provided, however, that whenever trial has been commen…
N.Y. Uniform City 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. Whenever a sum of money is set forth in this article, or reference is made in this article to a sum, it shall be construed as such sum exclusive of in…
N.Y. Uniform City Court Act § 2012 Drawing of jurors
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§ 2012. Drawing of jurors. Jurors may be drawn and summoned in the manner provided by rules of the appellate division of the department in which the court is located. Jurors drawn for civil actions pursuant to this act may also be used in the trial of criminal cases.
N.Y. Uniform City Court Act § 2013 Jury trial; submission to jury
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§ 2013. Jury trial; submission to jury. Whenever a case is submitted to the jury, the jury shall be placed in charge of any peace officer, acting pursuant to his special duties, or police officer designated by the court.
N.Y. Uniform City Court Act § 2014 Impanelment and fees of jurors
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§ 2014. Impanelment and fees of jurors. The system for impaneling, and the fees of, trial jurors shall be as provided by law for the particular court or, in the absence of such governing provisions, as provided for the supreme court of the county in which the court sits. No fee s…
N.Y. Uniform City Court Act § 2015 Correction of technical errors
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§ 2015. Correction of technical errors. Technical errors in the commitment of any accused person may be corrected by the judge at any time after the commitment is signed. The judge may alter or modify a sentence or correct any technical error in the record not affecting the subst…
N.Y. Uniform City Court Act § 2019 Records
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§ 2019. Records. All judges of the court shall keep or cause to be kept legible and suitable records and dockets of all criminal actions and proceedings separate and apart from the records and dockets of civil actions and proceedings kept by them or by clerks of their respective …
N.Y. Uniform City Court Act § 202 Money actions and actions involving chattels
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§ 202. Money actions and actions involving chattels. The court shall have jurisdiction of actions and proceedings for the recovery of money, actions and proceedings for the recovery of chattels and actions and proceedings for the foreclosure of liens on personal property where th…
N.Y. Uniform City Court Act § 2020 Disposition of fines and penalties
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§ 2020. Disposition of fines and penalties. All fines and penalties collected by the court shall be paid over to the persons or agencies entitled to the same pursuant to law.
N.Y. Uniform City Court Act § 203 Actions involving real property
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§ 203. Actions involving real property. (a) The court shall have jurisdiction of the following actions provided that the real property involved is located in whole or in part within the city: (1) An action for the establishment of a mechanic's lien on real property to recover a p…
N.Y. Uniform City Court Act § 204 Summary proceedings
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§ 204. Summary proceedings. The court shall have jurisdiction of summary proceedings to recover possession of real property located in whole or in part within the city, to remove tenants therefrom, and to render judgment for rent due without regard to amount. Except as otherwise …
N.Y. Uniform City Court Act § 205 Interpleader
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§ 205. Interpleader. The court shall have jurisdiction of an action of interpleader as and defensive interpleader as defined and governed by the CPLR, provided that the amount in controversy or the value of the property does not exceed the sum referred to in § 202.
N.Y. Uniform City Court Act § 206 Arbitration
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§ 206. Arbitration. (a) Threshold questions under article seventy-five of the civil practice law and rules. If an action of which the court has jurisdiction has been duly commenced therein, and there arise in such action any questions relating to the arbitrability of the controve…
N.Y. Uniform City Court Act § 207 Small claims
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§ 207. Small claims. The court shall have jurisdiction of small claims as defined in article 18 of this act.
N.Y. Uniform City Court Act § 208 Counterclaims
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§ 208. Counterclaims. The court shall have jurisdiction of counterclaims as follows: (a) Of any counterclaim the subject matter of which would be within the jurisdiction of the court if sued upon separately. (b) Of any counterclaim for money only, without regard to amount. (c) Of…
N.Y. Uniform City Court Act § 209 Provisional remedies
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§ 209. Provisional remedies. (a) Attachment, arrest, seizure of chattel. An order of attachment or of arrest, a warrant to seize a chattel as provided in § 207 of the lien law, and an order of seizure of a chattel may issue out of this court if such remedy might issue out of supr…
N.Y. Uniform City Court Act § 210 Contempt
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§ 210. Contempt. All of the provisions of law governing civil and criminal contempts in like instances in supreme court shall apply in this court, except that this court shall have no power to punish for contempt a judge or justice of any court.
N.Y. Uniform City Court Act § 2101 Definitions; construction of act
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§ 2101. Definitions; construction of act. The following words used in this act shall have the meaning defined in this section, unless otherwise apparent from the context: (a) "Administrative board" means the administrative board of the judicial conference of the state. (b) "Admin…