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. (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 be…
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. 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 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. 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 in…
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. 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, and no assignees of any …
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 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 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. 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 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. 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 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. (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 District 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 court 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. Uniform District 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 District 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 District 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 District 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 District 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 District 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 District 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 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. (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 District 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 District 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 District 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 District 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 District 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 enforcement officer, five dollars, and if there …
N.Y. Uniform District 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 District 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 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 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 District 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 thereform, and direct that any sum so disallowed be credi…
N.Y. Uniform District 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 dollar…
N.Y. Uniform District Court Act § 1911 Fees payable to the clerk
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§ 1911. Fees payable to the clerk. (a) There shall be paid to the clerk the following sums as court fees in civil matters and there shall be no others: (1) Upon the issuance of a summons, order of arrest or attachment, requisition or warrant of seizure, or a notice of petition or…
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 governmental units. (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 t…
N.Y. Uniform District 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. Uniform District Court Act § 2001 Criminal jurisdiction; procedure
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§ 2001. Criminal jurisdiction; procedure. (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 procedu…
N.Y. Uniform District Court Act § 2002 Arraignment by mail
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§ 2002. Arraignment by mail. Notwithstanding any provision of the criminal procedure law, in any criminal proceeding in which the district court has jurisdiction, and where the defendant is not charged with a felony, the court may in its discretion permit a defendant to file an a…
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. 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 county of the state, for service or execution, as provided by the crim…
N.Y. Uniform District Court Act § 2009 Venue
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§ 2009. Venue. Charges of misdemeanor may be tried at any place within the territorial jurisdiction of the court. All other charges shall be tried in the judicial district of the court in which the offense is alleged to have been committed. An accused person need not be arraigned…
N.Y. Uniform District 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 "$15,000", whenever it appears herein, shall be taken to mean "$15,000 exclusive of interest and costs".
N.Y. Uniform District 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 District 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 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. 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 District 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 District 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 District 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 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. In any county or part of a county when the district court system has been duly adopted, all criminal dockets of the town justices then on file or required to be filed in the office of the town clerk shall be transf…
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 jurisdiction of the following actions provided that the real property involved is located in whole or in part within a district of the court in the county: (1) An action for the establishment of a mechanic's lien on…
N.Y. Uniform District 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 a district of the court in the county, to remove tenants therefrom, and to render judgment for rent due without regard to…
N.Y. Uniform District Court Act § 205 Interpleader
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§ 205. Interpleader. The court shall have jurisdiction of an action of interpleader and defensive interpleader as defined and governed by the CPLR, provided that the amount in controversy or the value of the property involved does not exceed $15,000.
N.Y. Uniform District Court Act § 206 Arbitration
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§ 206. Arbitration. (a) Threshold questions under CPLR article 75. If an action of which the court has jurisdiction has been duly commenced therein, and there arises in such action any questions relating to the arbitrability of the controversy, the court shall have jurisdiction c…
N.Y. Uniform District 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 District 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…