0 chapters · 121 sections in this title.
N.Y. Uniform Justice 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 Justice 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 Justice 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 Justice 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 Justice 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 Justice 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 Justice 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$50 rather than the amount therein provided.\n
N.Y. Uniform Justice Court Act § 1901 Costs; amount
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§ 1901. Costs; amount.\n Costs upon issue joined and after trial shall be calculated as\nfollows:\n (a) for money only: for one hundred dollars or under, five dollars;\nfor every additional one hundred dollars or fractional part thereof,\nfive dollars.\n (b) for the recovery of a…
N.Y. Uniform Justice Court Act § 1902 Allowance of costs
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§ 1902. Allowance of costs.\n Upon issue joined and after trial, the prevailing party shall be\nallowed costs as follows, if he has appeared by attorney.\n (a) Where no counterclaims have been interposed and the final judgment\nis for money only, cost shall be based upon the judg…
N.Y. Uniform Justice Court Act § 1903 Costs; additional provisions
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§ 1903. Costs; additional provisions.\n (a) Where the plaintiff recovers judgment either upon the defendant's\nfailure to answer or upon the defendant's answer and subsequent default\nat the trial, costs allowed to plaintiff shall be at the full amount\nprescribed in the foregoin…
N.Y. Uniform Justice Court Act § 1904 Limitation on costs; certain costs added
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§ 1904. Limitation on costs; certain costs added.\n (a) Limitation on costs. Except as provided in subdivision (b), the\ncosts provided for in this act shall in no event exceed $50.\n (b) Certain costs added. Costs on appeal, and those awarded under §\n1102 of this act, may be ad…
N.Y. Uniform Justice 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 Justice 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 five\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 Justice 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 Justice 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 to an …
N.Y. Uniform Justice 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 Justice Court Act § 1909 Review of taxation
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§ 1909. Review of taxation.\n Within ten days the taxation may be reviewed by the court upon two\ndays' notice. The order must disallow any items wrongfully included in\nthe judgment or add any items wrongfully omitted therefrom, and direct\nthat any sum so disallowed be credited…
N.Y. Uniform Justice 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 Justice Court Act § 1911 Fees
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§ 1911. Fees.\n (a) Fees payable to the clerk. 1. There shall be paid to the clerk the\nfollowing sums as court fees in civil matters:\n a. Upon the filing of the first paper in any action or proceeding,\ntwenty dollars.\n b. For issuing a requisition of seizure, twenty dollars.\…
N.Y. Uniform Justice 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.\n Employee's action. When the action is brought by an employee against\nan employer for services performed by such employee, the clerk shall not\ndemand or receive any fees whatsoever from the plaintiff or his\nattorney, …
N.Y. Uniform Justice 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 justice of this court taking a deposition, are entitled\nto the same fees, including mileage, as a witness in an action in the\nsupreme court.\n
N.Y. Uniform Justice 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 Justice Court Act § 2005 Further powers of judges; process and mandates
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§ 2005. Further powers of judges; process and mandates.\n The court shall have the power and jurisdiction to send processes and\nother mandates in any matter of which it has jurisdiction into any part\nof the county or any adjoining county, for service or execution, as\nprovided …
N.Y. Uniform Justice Court Act § 201 Jurisdiction; in general
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§ 201. Jurisdiction; in general.\n a. The court shall have jurisdiction as set forth in this article and\nas elsewhere provided by law, subject, in the case of a city court\ngoverned by this act, to the limitations stated in §2300 (b) (2) (i) of\nthis act. The phrase "$3000", whe…
N.Y. Uniform Justice 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 the rules.\nJurors may be impaneled in village courts from the list of jurors used\nin the town court of the town in which the village is situated. In the\ncase of a village situated in more t…
N.Y. Uniform Justice 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 Justice Court Act § 2014 Jurors' fees
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§ 2014. Jurors' fees.\n The fees of jurors attending as such shall be as provided by article\nsixteen of the judiciary law.\n
N.Y. Uniform Justice 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 court at any time after the commitment is signed. The\ncourt may alter or modify a sentence or correct any technical error in\nthe record not affecting the …
N.Y. Uniform Justice Court Act § 2019 Records
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§ 2019. Records.\n All justices of courts governed by this act shall keep or cause to be\nkept legible and suitable records and dockets of all criminal actions\nand proceedings. The rules may govern the manner, form, care, custody\nand disposition of such records.\n
N.Y. Uniform Justice Court Act § 2019-A Justices' criminal records and docket
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§ 2019-a. Justices' criminal records and docket.\n The records and dockets of the court except as otherwise provided by\nlaw shall be at reasonable times open for inspection to the public and\nshall be and remain the property of the village or town of the residence\nof such justi…
N.Y. Uniform Justice Court Act § 202 Money actions and actions to recover chattels
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§ 202. Money actions and actions to recover chattels.\n Notwithstanding any other provision of law, the court shall have\njurisdiction of actions and proceedings for the recovery of money or\nchattels where the amount sought to be recovered or the value of the\nproperty does not …
N.Y. Uniform Justice 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 Justice Court Act § 2021 Payment of fines, disposition thereof and related matters
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* § 2021. Payment of fines, disposition thereof and related matters.\n 1. A fine imposed and paid before commitment, must be received by the\ncourt, and unless otherwise provided by law, shall be the property of\nthe town in which the offense was committed if the fine was imposed…
N.Y. Uniform Justice Court Act § 2021*2 Stenographer in criminal proceedings
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* § 2021. Stenographer in criminal proceedings.\n Whenever a contested criminal proceeding is prosecuted in a justice\ncourt, the justice may employ a stenographer to take the testimony on\nsuch trial. The municipal board shall fix the rate of compensation to be\npaid to such ste…
N.Y. Uniform Justice 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 the city,\nto remove tenants therefrom, and to render judgment for rent due without\nregard to amount. Except as other…
N.Y. Uniform Justice Court Act § 206 Arbitration
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§ 206. Arbitration.\n (a) No matter required to be decided by the court shall be referred to\nany arbitrator, referee, advisory jury, or any other person or entity,\nexcept as provided by the rules pursuant to subdivision (c).\n (b) CPLR article 75, relating to arbitrability and …
N.Y. Uniform Justice Court Act § 208 Counterclaims
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§ 208. Counterclaims.\n The Court shall have jurisdiction of any counterclaim whose subject\nmatter would be within its jurisdiction if sued upon separately. If a\ncounterclaim for money only in excess of $3000 is interposed, the court\nmay entertain it to the extent of $3000 but…
N.Y. Uniform Justice Court Act § 209 Provisional remedies
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§ 209. Provisional remedies.\n A requisition to seize a chattel may issue out of the court if such\nrequisition might issue out of the supreme court in a like case. No\nother provisional remedy shall issue by or out of the court.\n
N.Y. Uniform Justice Court Act § 210 Contempt
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§ 210. Contempt.\n All of the provisions of law governing civil and criminal contempts in\nlike instances in the supreme court shall apply in this court, except\nthat this court shall have no power to punish for contempt a judge or\njustice of any court.\n
N.Y. Uniform Justice Court Act § 2101 Definitions
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§ 2101. Definitions.\n The following words or phrases used in this act shall have the meaning\ndefined in this section, unless otherwise apparent from the context:\n (a) "Administrative board" means the administrative board of the\njudicial conference of the state.\n (b) "Adminis…
N.Y. Uniform Justice Court Act § 2102 Civil practice; general provisions; CPLR applicable
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§ 2102. Civil practice; general provisions; CPLR applicable.\n The CPLR and other provisions of law relating to practice and\nprocedure in the supreme court, notwithstanding reference by name or\nclassification therein to any other court, shall apply in this court as\nfar as the …
N.Y. Uniform Justice Court Act § 2103 Rules of court
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§ 2103. Rules of court.\n The administrative board may adopt, amend and rescind rules for the\ncourts governed by this act, not inconsistent with this act or with the\nCPLR. A copy of the rules shall be available at all times in the office\nof the clerk of each court governed by …
N.Y. Uniform Justice Court Act § 2103-A Use of electronic filing authorized
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§ 2103-a. Use of electronic filing authorized.\n (a) Notwithstanding any other provision of law, the chief\nadministrator of the courts may authorize a program in the use of\nelectronic means in civil cases in a justice court as provided in\narticle twenty-one-A of the civil prac…
N.Y. Uniform Justice Court Act § 2104 References in other laws
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§ 2104. References in other laws.\n A reference in any general or special statute, law, local law,\nordinance, resolution, rule, regulation or order:\n (a) to the justice court act or to any part thereof shall be deemed a\nreference to this act or to the appropriate part thereof …
N.Y. Uniform Justice Court Act § 211 Joinder of causes of action in complaint; effect on jurisdiction
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§ 211. Joinder of causes of action in complaint; effect on jurisdiction.\n Where several causes of action are asserted in the complaint, and each\nof them would be within the jurisdiction of the court if sued upon\nseparately, the court shall have jurisdiction of the action. In s…
N.Y. Uniform Justice Court Act § 212 Additional jurisdiction and powers
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§ 212. Additional jurisdiction and powers.\n Except as otherwise provided by law, in the exercise of its\njurisdiction the court shall have all of the powers that the supreme\ncourt would have in like actions and proceedings.\n
N.Y. Uniform Justice Court Act § 213 Residence or business within municipality
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§ 213. Residence or business within municipality.\n (a) In an action described in § 202, either a plaintiff or a defendant\nmust:\n 1. be a resident of the municipality; or\n 2. have a regular employment within the municipality; or\n 3. have a place for the regular transaction of…
N.Y. Uniform Justice Court Act § 214 Transferred cases
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§ 214. Transferred cases.\n In a case brought in the supreme court or county court of Westchester\ncounty where money damages only are sought and classification, pretrial\nor other appropriate procedures in either of said courts or the demand\nfor relief have determined that the …
N.Y. Uniform Justice Court Act § 2203 Cases carried over
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§ 2203. Cases carried over.\n All actions and proceedings pending in any court to which this act\napplies, at the time this act takes effect, shall remain in the court\nand shall be governed by the following subdivisions of this section.\n (a) No such action or proceeding, or app…
N.Y. Uniform Justice Court Act § 2204 Appeal involving pending action or proceeding; judgment or order of court
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§ 2204. Appeal involving pending action or proceeding; judgment or order\n of court.\n (a) If on the effective date of this act there existed a right of\nappeal from a judgment or order entered before the effective date of\nthis act in any court to which this act applies, and the…