0 chapters · 181 sections in this title.
N.Y. Uniform District Court Act § 1807-A Proceedings on default and review of judgments
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§ 1807-A. Proceedings on default and review of judgments.\n (a) A claimant commencing an action upon a commercial claim under this\narticle shall be deemed to have waived all right to appeal, except that\neither party may appeal on the sole grounds that substantial justice has\nn…
N.Y. Uniform District 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.\n A judgment obtained under this article shall not be deemed an\nadjudication of any fact at issue or found therein in any other action\nor court; except that a subsequent judgment obtained in another action\nor court…
N.Y. Uniform District 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.\n A judgment obtained under this article shall not be deemed an\nadjudication of any fact at issue or found therein in any other action\nor court; except that a subsequent judgment obtained in another action\nor cou…
N.Y. Uniform District Court Act § 1809 Procedures relating to corporations, insurers and assignees
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§ 1809. Procedures relating to corporations, insurers and assignees.\n 1. No corporation, except a municipal corporation, public benefit\ncorporation, school district or school district public library wholly or\npartially within the municipal corporate limit, and no assignees of …
N.Y. Uniform District Court Act § 1809-A Procedures relating to corporations, associations, insurers and assignees
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§ 1809-A. Procedures relating to corporations, associations, insurers\n and assignees.\n (a) Any corporation, including a municipal corporation or public\nbenefit corporation, partnership, or association, which has its\nprincipal office in the state of New York and an assignee of…
N.Y. Uniform District 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.\n If the clerk shall find that the procedures of the small claims part\nare sought to be utilized by a claimant for purposes of oppression or\nharassment, as where a claimant has previously resorted to such\nproced…
N.Y. Uniform District 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.\n If the clerk shall find that the procedures of the commercial claims\npart are sought to be utilized by a claimant for purposes of oppression\nor harassment, as where a claimant has previously resorted to …
N.Y. Uniform District 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.\n (a) Notice of judgment sent to judgment debtor shall specify that a\nfailure to satisfy a judgment may subject the debtor to any one or\ncombination of the following actions:\n 1. garnishment of wage;\n 2. …
N.Y. Uniform District Court Act § 1811-A Indexing commercial claims part judgments
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§ 1811-A. Indexing commercial claims part judgments.\n All wholly or partially unsatisfied commercial claims court judgments\nshall be indexed alphabetically and chronologically under the name of\nthe judgment debtor. Upon satisfying the judgment, the judgment debtor\nshall prese…
N.Y. Uniform District Court Act § 1812 Enforcement of small claims judgments
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§ 1812. Enforcement of small claims judgments.\n (a) The special procedures set forth in subdivision (b) hereof shall\nbe available only where:\n 1. there is a recorded judgment of a small claims court; and\n 2. (i) the aforesaid judgment resulted from a transaction in the\ncours…
N.Y. Uniform District Court Act § 1812-A Enforcement of commercial claims judgments
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§ 1812-A. Enforcement of commercial claims judgments.\n Where a judgment has been entered in a commercial claims part and\nremains unsatisfied, the commercial claims clerk shall, upon request,\nissue information subpoenas, at nominal cost, for the judgment creditor\nand provide t…
N.Y. Uniform District Court Act § 1813 Duty to pay judgments
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§ 1813. Duty to pay judgments.\n (a) Any person, partnership, firm or corporation which is sued in a\nsmall claims court for any cause of action arising out of its business\nactivities, shall pay any judgment rendered against it in its true name\nor in any name in which it conduc…
N.Y. Uniform District Court Act § 1813-A Duty to pay judgments
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§ 1813-A. Duty to pay judgments.\n (a) Any person, partnership, firm or corporation which is sued in a\ncommercial claims part for any cause of action arising out of its\nbusiness activities, shall pay any judgment rendered against it in its\ntrue name or in any name in which it …
N.Y. Uniform District Court Act § 1814 Designation of defendant; amendment procedure
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§ 1814. Designation of defendant; amendment procedure.\n (a) A party who is ignorant, in whole or in part, of the true name of\na person, partnership, firm or corporation which may properly be made a\nparty defendant, may proceed against such defendant in any name used by\nthe pe…
N.Y. Uniform District Court Act § 1814-A Designation of defendant; amendment procedure
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§ 1814-A. Designation of defendant; amendment procedure.\n (a) A party who is ignorant, in whole or in part, of the true name of\na person, partnership, firm or corporation which may properly be made a\nparty defendant, may proceed against such defendant in any name used by\nthe …
N.Y. Uniform District Court Act § 1815 Appearance by non-attorney representatives
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§ 1815. Appearance by non-attorney representatives.\n The court may permit, upon the request of a party, that a non-attorney\nrepresentative, who is related by consanguinity or affinity to such\nparty, be allowed to appear on behalf of such party when the court finds\nthat due to…
N.Y. Uniform District 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 District Court Act § 1901 Amount of costs in an action
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§ 1901. Amount of costs in an action.\n (a) Ordinary costs. Except as provided in subdivisions (b) and (c) of\nthis section, costs awarded in an 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. Uniform District Court Act § 1903 Costs; additional provisions
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§ 1903. Costs; additional provisions.\n The provisions of CPLR §§ 8101, 8103, 8104, 8105 and 8106 shall apply\nin actions and proceedings in this court.\n
N.Y. Uniform District Court Act § 1904 Certain costs added
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§ 1904. Certain costs added.\n Costs on appeal, and those awarded under § 1102 of this act, may be\nadded to the amount of costs otherwise applicable in the action.\n
N.Y. Uniform District Court Act § 1905 No costs on plea of bankruptcy
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§ 1905. No costs on plea of bankruptcy.\n Where the defendant recovers judgment upon the defense of bankruptcy,\nhe shall not be entitled to costs.\n
N.Y. Uniform District Court Act § 1906 Costs allowed by court
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§ 1906. Costs allowed by court.\n The court may in its discretion impose costs not exceeding fifty\ndollars in the following cases;\n (a) Upon granting or denying a motion.\n (b) Upon allowing an amendment of a pleading.\n (c) Upon adjournment of a trial.\n
N.Y. Uniform District Court Act § 1906-A Costs in a summary proceeding
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§ 1906-a. Costs in a summary proceeding.\n In a summary proceeding to recover possession of real property,\npetitioner shall be allowed as costs for each necessary respondent\nserved with the notice of petition by a person other than a enforcement\nofficer, five dollars, and if t…
N.Y. Uniform District Court Act § 1907 Taxation of costs and disbursements
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§ 1907. Taxation of costs and disbursements.\n Costs, together with fees paid to the clerk and the fee for issuing\nexecution to the enforcement officer, must be taxed by the clerk\nforthwith upon rendition of judgment and inserted therein. Upon issuing\na transcript the clerk sh…
N.Y. Uniform District Court Act § 1908 Disbursements allowable
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§ 1908. Disbursements allowable.\n Except where the contrary is specifically provided by law, a party to\nwhom costs are awarded, or a prevailing party who has appeared in\nperson, shall be allowed his necessary disbursements as follows:\n (a) All fees paid to the clerk or an enf…
N.Y. Uniform District 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\n acknowledged.\n In any action where service of process is made by mail pursuant to\nCPLR 312-a, and where the signed acknowledgement of receipt is not\nreturned within thirty (30) days after receipt of the documents…
N.Y. Uniform District Court Act § 1909 Review of taxation
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§ 1909. Review of taxation.\n Within ten days the clerk's taxation may be reviewed by the court upon\ntwo days' notice. The order must disallow any items wrongfully included\nin the judgment or add any items wrongfully omitted thereform, and\ndirect that any sum so disallowed be …
N.Y. Uniform District 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 District Court Act § 1911 Fees payable to the clerk
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§ 1911. Fees payable to the clerk.\n (a) There shall be paid to the clerk the following sums as court fees\nin civil matters and there shall be no others:\n (1) Upon the issuance of a summons, order of arrest or attachment,\nrequisition or warrant of seizure, or a notice of petit…
N.Y. Uniform District Court Act § 1912 Actions in which no fees to be charged; employees; actions by governmental units
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§ 1912. Actions in which no fees to be charged; employees; actions by\n governmental units.\n (a) Employee's action. When the action is brought by an employee\nagainst an employer for services performed by such employee, the clerk\nshall not demand or receive any fees whatsoever …
N.Y. Uniform District 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 District Court Act § 2001 Criminal jurisdiction; procedure
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§ 2001. Criminal jurisdiction; procedure.\n (1) The court shall have such jurisdiction of criminal matters as is\nprescribed by the criminal procedure law.\n (2) Unless otherwise specifically prescribed, the practice and\nprocedure in the court shall be governed by the criminal p…
N.Y. Uniform District Court Act § 2002 Arraignment by mail
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§ 2002. Arraignment by mail.\n Notwithstanding any provision of the criminal procedure law, in any\ncriminal proceeding in which the district court has jurisdiction, and\nwhere the defendant is not charged with a felony, the court may in its\ndiscretion permit a defendant to file…
N.Y. Uniform District Court Act § 2005 Further powers of judges; process and mandates
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§ 2005. Further powers of judges; process and mandates.\n The judges of the court shall have the power and jurisdiction to send\nprocesses and other mandates in any matter of which they have\njurisdiction into any county of the state, for service or execution, as\nprovided by the…
N.Y. Uniform District Court Act § 2009 Venue
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§ 2009. Venue.\n Charges of misdemeanor may be tried at any place within the\nterritorial jurisdiction of the court. All other charges shall be tried\nin the judicial district of the court in which the offense is alleged to\nhave been committed. An accused person need not be arra…
N.Y. Uniform District Court Act § 201 Jurisdiction; in general
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§ 201. Jurisdiction; in general.\n The court shall have jurisdiction as set forth in this article and as\nelsewhere provided by law. The phrase "$15,000", whenever it appears\nherein, shall be taken to mean "$15,000 exclusive of interest and\ncosts".\n
N.Y. Uniform District Court Act § 2012 Drawing of jurors
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§ 2012. Drawing of jurors.\n Jurors may be drawn and summoned in the manner provided by rules of\nthe appellate division of the department in which the court is located.\nJurors drawn for civil actions pursuant to this act may also be used in\nthe trial of criminal cases.\n
N.Y. Uniform District Court Act § 2013 Jury trial; submission to jury
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§ 2013. Jury trial; submission to jury.\n Whenever a case is submitted to the jury, the jury shall be placed in\ncharge of any peace officer, acting pursuant to his special duties, or\npolice officer designated by the court.\n
N.Y. Uniform District Court Act § 2014 Jurors' fees
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§ 2014. Jurors' fees.\n A juror attending as such shall be entitled to the same fee for each\nday such juror served or attended and the same mileage as jurors in the\nsupreme court of the county. No fee shall be paid to a juror who has\nbeen excused from service as a juror, for t…
N.Y. Uniform District Court Act § 2015 Correction of technical errors
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§ 2015. Correction of technical errors.\n Technical errors in the commitment of any accused person may be\ncorrected by the judge at any time after the commitment is signed. The\njudge may alter or modify a sentence or correct any technical error in\nthe record not affecting the …
N.Y. Uniform District Court Act § 2019 Records
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§ 2019. Records.\n All judges of the court shall keep or cause to be kept legible and\nsuitable records and dockets of all criminal actions and proceedings\nseparate and apart from the records and dockets of civil actions and\nproceedings kept by them or by clerks of their respec…
N.Y. Uniform District Court Act § 202 Money actions and actions involving chattels
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§ 202. Money actions and actions involving chattels.\n The court shall have jurisdiction of actions and proceedings for the\nrecovery of money, actions and proceedings for the recovery of chattels\nand actions and proceedings for the foreclosure of liens on personal\nproperty whe…
N.Y. Uniform District Court Act § 2020 Disposition of fines and penalties
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§ 2020. Disposition of fines and penalties.\n All fines and penalties collected by the court shall be paid over to\nthe persons or agencies entitled to the same pursuant to law.\n
N.Y. Uniform District Court Act § 2021 Transfer of justices' criminal dockets to district court
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§ 2021. Transfer of justices' criminal dockets to district court.\n In any county or part of a county when the district court system has\nbeen duly adopted, all criminal dockets of the town justices then on\nfile or required to be filed in the office of the town clerk shall be\nt…
N.Y. Uniform District Court Act § 203 Actions involving real property
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§ 203. Actions involving real property. (a) The court shall have\njurisdiction of the following actions provided that the real property\ninvolved is located in whole or in part within a district of the court\nin the county:\n (1) An action for the establishment of a mechanic's li…
N.Y. Uniform District Court Act § 204 Summary proceedings
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§ 204. Summary proceedings.\n The court shall have jurisdiction of summary proceedings to recover\npossession of real property located in whole or in part within a\ndistrict of the court in the county, to remove tenants therefrom, and to\nrender judgment for rent due without rega…
N.Y. Uniform District Court Act § 205 Interpleader
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§ 205. Interpleader.\n The court shall have jurisdiction of an action of interpleader and\ndefensive interpleader as defined and governed by the CPLR, provided\nthat the amount in controversy or the value of the property involved\ndoes not exceed $15,000.\n
N.Y. Uniform District Court Act § 206 Arbitration
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§ 206. Arbitration.\n (a) Threshold questions under CPLR article 75. If an action of which\nthe court has jurisdiction has been duly commenced therein, and there\narises in such action any questions relating to the arbitrability of the\ncontroversy, the court shall have jurisdict…
N.Y. Uniform District Court Act § 207 Small claims
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§ 207. Small claims.\n The court shall have jurisdiction of small claims as defined in\narticle 18 of this act.\n
N.Y. Uniform District Court Act § 208 Counterclaims
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§ 208. Counterclaims.\n The court shall have jurisdiction of counterclaims as follows:\n (a) Of any counterclaim the subject matter of which would be within\nthe jurisdiction of the court if sued upon separately.\n (b) Of any counterclaim for money only, without regard to amount.…