Title CCA, New York City Civil Court

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

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

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

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

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

§ 102. Court established. The civil court of the city of New York is hereby established as a single city-wide court, as provided by sections one and fifteen of article six of the constitution; it shall be a part of the unified court system for the state, and a court of record wi…

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

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

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

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

§ 110. Housing part. (a) A part of the court shall be devoted to actions and proceedings involving the enforcement of state and local laws for the establishment and maintenance of housing standards, including, but not limited to, the multiple dwelling law and the housing mainten…

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

§ 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 powers of the court with reference to them, shall be governed by the CPLR, except that they shall be served only within the city of New York or in a county adjoining such city. But the court, upon motion of a part…

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

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

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

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

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

§ 1307. Jurors; challenges. Challenges to jurors shall be as provided in the CPLR.

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

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

§ 1403. Confession of judgment. The provisions of CPLR § 3218, relating to judgment by confession, shall be applicable in this court where the relief for which the judgment is confessed is within the jurisdiction of this court. For such purpose the words "clerk of the county" as…

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

§ 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 judgment against a marshal or his sureties shall issue only to the sheriff after transcript filed with the county clerk and must be made returnable to said clerk. (b) Execution on a judgment against a sheriff sh…

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

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

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

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

§ 1508. Enforcement proceeding; injunction, receivership. (a) An injunction or restraining order or notice may issue out of or by, and a receiver may be appointed by, the court if: 1. the court has been granted jurisdiction of an enforcement proceeding by CPLR § 5221; and 2. suc…

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 1612. Appellate division to continue authority. The appellate division may continue to delegate its authority under this article, except that its authority permanently to remove a marshal shall not be delegated.

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

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

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

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

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