Title CCA, New York City Civil Court

§ 1001. Motion practice. Motion practice in the court, including time\nprovisions for the making and decision of motions, practice relating to\nshow cause orders, and practice relating to motions before, during and\nafter trial, shall be governed by the CPLR, except as this act …

§ 1002. Motion to dismiss. CPLR rule 3211, relating to a motion to\ndismiss, shall apply in this court, except that, with reference to\nsubdivision (e) of said rule, a party's time to move to dismiss a cause\nof action contained in a pleading to which no response is required sha…

§ 1003. Motion to correct pleadings. Rule 3024 of the CPLR shall apply\nto motions to correct formal pleadings in this court, except that the\nnotice of motion shall be served within the time allowed for responding\nto the challenged pleading or, in the case of a pleading requir…

§ 1004. CPLR § 3213 applicable; return time varied. CPLR § 3213,\nrelating to a motion for summary judgment in lieu of complaint, shall be\napplicable in this court, except that the minimum period for return of\nthe motion shall be as provided by § 402 of this act for answering …

§ 101. Short title. This act shall be known as the New York city civil\ncourt act, and may be cited as "CCA".\n

§ 102. Court established. The civil court of the city of New York is\nhereby established as a single city-wide court, as provided by sections\none and fifteen of article six of the constitution; it shall be a part\nof the unified court system for the state, and a court of record…

§ 102-a. Vacancies and composition of court. 1. The civil court of the\ncity of New York shall consist of one hundred thirty-one judges, all of\nwhom shall be residents of the city of New York. No person may serve in\nthe office of judge of this court after the effective date of…

§ 103. Powers of appellate division. In addition to the powers\nconferred upon them in this act and in any other provision of law, all\nthe powers heretofore conferred by law upon the chief justice of the\ncity court of the city of New York and upon the president justice and\nbo…

§ 104. Expenses of court. All salaries of both judicial and\nnon-judicial personnel of the court and all other expenses of the court\nwhatsoever shall be a charge upon the city of New York. As provided in\nsubdivision d of section twenty-nine of article six of the constitution,\…

§ 109. Clerk of the court. There shall be a chief clerk of the court.\nThe chief clerk and such other non-judicial personnel as shall be\nauthorized by rule or order of court shall each have the power to\nadminister oaths, take acknowledgments and sign the process or mandate\nof…

§ 110. Housing part. (a) A part of the court shall be devoted to\nactions and proceedings involving the enforcement of state and local\nlaws for the establishment and maintenance of housing standards,\nincluding, but not limited to, the multiple dwelling law and the housing\nmai…

§ 1101. Disclosure. (a) CPLR applicable. The procedures set forth in\nthe CPLR relative to disclosure, bill of particulars and the procuring\nof a copy of the items of an account, shall govern in this court,\nsubject to subdivision (b). In an action to impose or collect a civil\…

§ 1102. Implied admissions. The following provisions governing matters\ndeemed admitted and the imposition of additional costs for unreasonable\ndenials shall be applicable in this court.\n (a) Ownership, operation or control of:\n 1. Vehicle. In an action for negligence arising…

§ 1201. Subpoenas. A subpoena and a subpoena duces tecum, and the\npowers of the court with reference to them, shall be governed by the\nCPLR, except that they shall be served only within the city of New York\nor in a county adjoining such city. But the court, upon motion of a\n…

§ 1301. How cause brought on for trial; notice of trial. Upon joinder\nof issue the clerk shall place the case upon a general calendar. Where\nany party appears in person, the clerk shall fix a date for trial not\nless than five nor more than fifteen days after joinder of issue,…

§ 1302. Adjournment of trial. The trial of an action may be adjourned:\n (a) By the court for good cause shown and upon such terms and\nconditions as the court may deem just.\n (b) By stipulation of the parties with the approval of the court, such\nstipulation to be filed with t…

§ 1303. Jury trial; how obtained; jury fee. (a) Either party after\njoinder of issue may demand a trial by jury. The demand must be made in\nwriting and must be filed with the clerk with the notice of trial set\nforth in § 1301. Any other party to the action within ten days afte…

§ 1305. Number of jurymen. A jury shall be composed of six persons.\n

§ 1306. Jury terms. Jury terms shall be held as may from time to time\nbe directed by rule or order. All provisions of law applicable to trial\njurors in supreme court, insofar as such provisions are not inconsistent\nwith this act, shall apply as nearly as may be in this court.…

§ 1307. Jurors; challenges. Challenges to jurors shall be as provided\nin the CPLR.\n

§ 1401. Judgments; in general. Within the limits of its jurisdiction\nas defined in this act or as elsewhere provided by law, the court shall\nhave power to render any judgment that the supreme court might render in\na like case. The judgment in an action shall be prepared by th…

§ 1402. Default judgment. A judgment by default may be entered as\nprovided in CPLR § 3215.\n A summons stating the amount for which the plaintiff will take\njudgment if the defendant fails to appear and answer, and containing a\nstatement of the nature and substance of the caus…

§ 1403. Confession of judgment. The provisions of CPLR § 3218,\nrelating to judgment by confession, shall be applicable in this court\nwhere the relief for which the judgment is confessed is within the\njurisdiction of this court. For such purpose the words "clerk of the\ncounty…

§ 1501. Execution; when and how issued. An execution, including an\nincome execution, upon a judgment may be issued by the\njudgment-creditor's attorney or, if he does not appear by attorney, by\nthe clerk of the court in the county where the judgment was entered. It\nshall be i…

§ 1502. Transcript of judgment. (a) Upon application of a\njudgment-creditor the clerk must deliver to him a transcript of the\njudgment. If the judgment is for other than money only, the clerk shall\ninsert in the transcript a brief statement of the nature of the action\nand th…

§ 1503. Executions against marshals or sheriffs. (a) Execution on a\njudgment against a marshal or his sureties shall issue only to the\nsheriff after transcript filed with the county clerk and must be made\nreturnable to said clerk.\n (b) Execution on a judgment against a sheri…

§ 1504. Executions issued out of this court; requisites. An execution\nissued out of this court may be levied only against personal property of\nthe judgment-debtor. It shall be directed either to a marshal or the\nsheriff of the city of New York, and if directed to the sheriff …

§ 1505. Execution to be levied against real property. An execution out\nof this court may not be levied against real property. In order for an\nexecution on a judgment of this court to be levied against real\nproperty, a transcript of such judgment must be filed with the county\…

§ 1506. Execution where order of attachment issued. Where the real\nproperty of the judgment-debtor has been duly attached under an order of\nattachment that has not been vacated, the execution may not issue out of\nthis court. In such a case, a transcript of the judgment must b…

§ 1507. Limitation on execution against property of tenant. No levy\nshall be made on the property of a tenant dispossessed for non-payment\nof rent under any execution within twenty-four hours of the time of\ndispossess, if the property of which the tenant is being dispossessed…

§ 1508. Enforcement proceeding; injunction, receivership. (a) An\ninjunction or restraining order or notice may issue out of or by, and a\nreceiver may be appointed by, the court if:\n 1. the court has been granted jurisdiction of an enforcement\nproceeding by CPLR § 5221; and\n…

§ 1509. Contempt; extension of court's process. In an instance where a\ncontempt of the court has been committed, the court's process or mandate\nrelating to the punishment of the contemptuous person may be served and\nexecuted in any part of the state, and proceedings thereon s…

§ 1601. Marshals to continue in office; appointment of marshals;\nvacancies. 1. No more than eighty-three city marshals shall be appointed\nby the mayor. Upon the expiration of the terms of office of the duly\nappointed incumbents the mayor shall appoint their successors for ter…

§ 1601-a. City marshals; qualifications, prohibitions. 1. a. No\nperson shall assume the office of city marshal on or after the effective\ndate of this section unless he or she: (i) shall have earned a high\nschool diploma or its equivalent; (ii) shall have satisfactorily\ncompl…

§ 1602. City marshals; badges. The mayor is hereby authorized to\nprescribe the style, form and size of a badge to be known and designated\nas the official badge of the city marshals, a description of which he\nshall file in the office of the city clerk. Each city marshal shall\…

§ 1603. Persons pretending to be city marshals. It shall be unlawful\nfor any person, other than a marshal of the city of New York, to hold\nhimself out to the public as being a marshal or as being in any way\nauthorized to act as a marshal or to perform the duties of a marshal;…

§ 1604. Bond of marshal. (a) No marshal shall be permitted to enter\nupon the duties of his office until he shall have given a bond as herein\nprescribed. The bond shall be executed by the marshal with two\nsufficient sureties, who shall be residents of the city of New York and\…

§ 1605. Action on marshal's bond. An action upon the bond of a marshal\nmay be brought and prosecuted to judgment in this court, upon leave\nobtained from a judge of this court, according to the provisions\nrelating to an action in the supreme court by a private person upon an\n…

§ 1606. Filing of transcript of judgment with city clerk; reducing\nbond. Upon the filing with the city clerk of a transcript of a judgment\non the bond of a marshal, the city clerk shall make a memorandum on the\nbond of the time when and the court by which such judgment was re…

§ 1607. Reducing bond on payment. Whenever the sureties of the marshal\nshall pay the amount for which the action on the marshal's bond is\nbrought, and the costs and disbursements incurred therein, or any part\nthereof, they shall be entitled to have such sum credited upon the …

§ 1608. Appellate division to compel renewal of marshal's bond;\nremoval of marshal. Whenever judgment shall be rendered on the bond of a\nmarshal, or the bond shall be reduced as provided in the last preceding\nsection, the city clerk shall report the fact to the appellate divi…

§ 1609. General powers, duties and liabilities of marshals; small\nclaims judgments. * 1. a. The authority of a marshal extends throughout\nthe city of New York and all provisions of law relating to the powers,\nduties and liabilities of sheriffs in like cases and in respect to …

§ 1610. Discipline, suspension and removal on charges. The appellate\ndivision may discipline by reprimand or censure, or may temporarily\nsuspend or permanently remove any marshal for cause, provided that\nwritten charges are first filed with said court, and that the marshal be…

§ 1611. Fees to the city of New York. 1. Every city marshal who serves\nin office for any portion of the calendar year shall pay an annual fee\nto the city of New York of fifteen hundred dollars.\n 2. Every city marshal shall, in addition to the fee required by\nsubdivision one,…

§ 1612. Appellate division to continue authority. The appellate\ndivision may continue to delegate its authority under this article,\nexcept that its authority permanently to remove a marshal shall not be\ndelegated.\n

§ 1701. Appeals; to what court. Appeals shall be taken from the court\nto the appellate division of the supreme court in the department in\nwhich the action or proceeding is pending, unless an appellate term of\nthe supreme court has been established by said appellate division a…

§ 1702. Appeals; judgments and orders appealable. (a) Appeals as of\nright. An appeal may be taken as of right:\n 1. from any final or interlocutory judgment except one entered\nsubsequent to an order of an appellate court which disposes of all the\nissues in the action; or\n 2.…

§ 1703. Appeals; practice and procedure in general. (a) Practice and\nprocedure on appeals shall be as provided in article 55 of the CPLR\nexcept insofar as this act or the rules of this court consistent with\nthis act otherwise provide.\n (b) An appeal as of right from a judgme…

§ 1704. Settlement of case and return on appeal. (a) When an appeal\nhas been taken as herein prescribed, the stenographer's original\ntranscript of minutes must be furnished to the clerk within ten days\nafter the fees therefor have been paid. Immediately upon receiving such\nm…

§ 1705. Printing; record and briefs. The printing of neither the\nrecord nor the briefs shall be required except as the rules of the court\nto which the appeal is taken shall provide in designated classes of\nappeals.\n