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. 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 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. (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 Justice 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 Justice 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 Justice 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 Justice 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 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. Costs upon issue joined and after trial shall be calculated as follows: (a) for money only: for one hundred dollars or under, five dollars; for every additional one hundred dollars or fractional part thereof, five dollars. (b) for the recovery of a chattel:…
N.Y. Uniform Justice Court Act § 1902 Allowance of costs
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§ 1902. Allowance of costs. Upon issue joined and after trial, the prevailing party shall be allowed costs as follows, if he has appeared by attorney. (a) Where no counterclaims have been interposed and the final judgment is for money only, cost shall be based upon the judgment. …
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. (a) Limitation on costs. Except as provided in subdivision (b), the costs provided for in this act shall in no event exceed $50. (b) Certain costs added. Costs on appeal, and those awarded under § 1102 of this act, may be added to…
N.Y. Uniform Justice 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 Justice 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 five 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 Justice 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 Justice 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 to an enforc…
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 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 Justice Court Act § 1909 Review of taxation
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§ 1909. Review of taxation. Within ten days the 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 credited upon…
N.Y. Uniform Justice 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 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. 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 Justice 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 justice 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 Justice 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 Justice Court Act § 2005 Further powers of judges; process and mandates
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§ 2005. Further powers of judges; process and mandates. The court shall have the power and jurisdiction to send processes and other mandates in any matter of which it has jurisdiction into any part of the county or any adjoining county, for service or execution, as provided by th…
N.Y. Uniform Justice Court Act § 201 Jurisdiction; in general
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§ 201. Jurisdiction; in general. a. The court shall have jurisdiction as set forth in this article and as elsewhere provided by law, subject, in the case of a city court governed by this act, to the limitations stated in §2300 (b) (2) (i) of this act. The phrase "$3000", whenever…
N.Y. Uniform Justice 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 the rules. Jurors may be impaneled in village courts from the list of jurors used in the town court of the town in which the village is situated. In the case of a village situated in more than o…
N.Y. Uniform Justice 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 Justice Court Act § 2014 Jurors' fees
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§ 2014. Jurors' fees. The fees of jurors attending as such shall be as provided by article sixteen of the judiciary law.
N.Y. Uniform Justice 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 court at any time after the commitment is signed. The court may alter or modify a sentence or correct any technical error in the record not affecting the subst…
N.Y. Uniform Justice Court Act § 2019 Records
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§ 2019. Records. All justices of courts governed by this act shall keep or cause to be kept legible and suitable records and dockets of all criminal actions and proceedings. The rules may govern the manner, form, care, custody and disposition of such records.
N.Y. Uniform Justice Court Act § 2019-A Justices' criminal records and docket
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§ 2019-a. Justices' criminal records and docket. The records and dockets of the court except as otherwise provided by law shall be at reasonable times open for inspection to the public and shall be and remain the property of the village or town of the residence of such justice, a…
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. Notwithstanding any other provision of law, the court shall have jurisdiction of actions and proceedings for the recovery of money or chattels where the amount sought to be recovered or the value of the property does not excee…
N.Y. Uniform Justice 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 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. 1. A fine imposed and paid before commitment, must be received by the court, and unless otherwise provided by law, shall be the property of the town in which the offense was committed if the fine was imposed by …
N.Y. Uniform Justice Court Act § 2021*2 Stenographer in criminal proceedings
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* § 2021. Stenographer in criminal proceedings. Whenever a contested criminal proceeding is prosecuted in a justice court, the justice may employ a stenographer to take the testimony on such trial. The municipal board shall fix the rate of compensation to be paid to such stenogra…
N.Y. Uniform Justice 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 Justice Court Act § 206 Arbitration
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§ 206. Arbitration. (a) No matter required to be decided by the court shall be referred to any arbitrator, referee, advisory jury, or any other person or entity, except as provided by the rules pursuant to subdivision (c). (b) CPLR article 75, relating to arbitrability and arbitr…
N.Y. Uniform Justice Court Act § 208 Counterclaims
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§ 208. Counterclaims. The Court shall have jurisdiction of any counterclaim whose subject matter would be within its jurisdiction if sued upon separately. If a counterclaim for money only in excess of $3000 is interposed, the court may entertain it to the extent of $3000 but it s…
N.Y. Uniform Justice Court Act § 209 Provisional remedies
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§ 209. Provisional remedies. A requisition to seize a chattel may issue out of the court if such requisition might issue out of the supreme court in a like case. No other provisional remedy shall issue by or out of the court.
N.Y. Uniform Justice 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 the 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 Justice Court Act § 2101 Definitions
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§ 2101. Definitions. The following words or phrases 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) "Administrative …
N.Y. Uniform Justice Court Act § 2102 Civil practice; general provisions; CPLR applicable
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§ 2102. Civil practice; general provisions; CPLR applicable. The CPLR and other provisions of law relating to practice and procedure in the supreme court, notwithstanding reference by name or classification therein to any other court, shall apply in this court as far as the same …
N.Y. Uniform Justice Court Act § 2103 Rules of court
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§ 2103. Rules of court. The administrative board may adopt, amend and rescind rules for the courts governed by this act, not inconsistent with this act or with the CPLR. A copy of the rules shall be available at all times in the office of the clerk of each court governed by this …
N.Y. Uniform Justice Court Act § 2103-A Use of electronic filing authorized
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§ 2103-a. Use of electronic filing authorized. (a) Notwithstanding any other provision of law, the chief administrator of the courts may authorize a program in the use of electronic means in civil cases in a justice court as provided in article twenty-one-A of the civil practice …
N.Y. Uniform Justice Court Act § 2104 References in other laws
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§ 2104. References in other laws. A reference in any general or special statute, law, local law, ordinance, resolution, rule, regulation or order: (a) to the justice court act or to any part thereof shall be deemed a reference to this act or to the appropriate part thereof if suc…
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. Where several causes of action are asserted in the complaint, and each of them would be within the jurisdiction of the court if sued upon separately, the court shall have jurisdiction of the action. In such …
N.Y. Uniform Justice Court Act § 212 Additional jurisdiction and powers
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§ 212. Additional jurisdiction and powers. Except as otherwise provided by law, in the exercise of its jurisdiction the court shall have all of the powers that the supreme court would have in like actions and proceedings.
N.Y. Uniform Justice Court Act § 213 Residence or business within municipality
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§ 213. Residence or business within municipality. (a) In an action described in § 202, either a plaintiff or a defendant must: 1. be a resident of the municipality; or 2. have a regular employment within the municipality; or 3. have a place for the regular transaction of business…
N.Y. Uniform Justice Court Act § 214 Transferred cases
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§ 214. Transferred cases. In a case brought in the supreme court or county court of Westchester county where money damages only are sought and classification, pretrial or other appropriate procedures in either of said courts or the demand for relief have determined that the poten…
N.Y. Uniform Justice Court Act § 2203 Cases carried over
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§ 2203. Cases carried over. All actions and proceedings pending in any court to which this act applies, at the time this act takes effect, shall remain in the court and shall be governed by the following subdivisions of this section. (a) No such action or proceeding, or appeal ta…
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 of court. (a) If on the effective date of this act there existed a right of appeal from a judgment or order entered before the effective date of this act in any court to which this act applies, and the time …