S T A T E   O F   N E W   Y O R K
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                                  3876

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. ZEBROWSKI, HAYES -- read once and referred to the
  Committee on Judiciary

AN  ACT  to  amend  the  uniform justice court act, in relation to civil
  jurisdictional limits

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision a of section 201 of the uniform justice court
act, as amended by chapter 685 of the laws of 1977, is amended  to  read
as follows:
  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 S 2300 (b) (2) (i) of
this act]. The phrase "[$3000] $5000", whenever it appears herein, shall
be  taken  to  mean  "[$3000]  $5000  exclusive of interest and costs"[,
except that, in the case of a city court  governed  by  this  act  whose
monetary  jurisdiction  is,  pursuant to S 2300 (b) (2) (i) of this act,
below $3000, it shall be taken to mean such lesser sum as is  applicable
in the particular court, exclusive of interest and costs].
  S 2. Section 202 of the uniform justice court act, as amended by chap-
ter 685 of the laws of 1977, is amended to read as follows:
S 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 exceed [$3000] $5000.
  S 3. Section 1801 of the uniform justice  court  act,  as  amended  by
chapter 76 of the laws of 1994, is amended to read as follows:
S 1801. Small claims defined.
  The  term  "small  claim"  or "small claims" as used in this act shall
mean and include any cause of action for money only  not  in  excess  of
[three]  FIVE thousand dollars exclusive of interest and costs, provided

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07376-01-9
              

A. 3876                             2

that the defendant either resides, or has an office for the  transaction
of  business  or a regular employment, within the municipality where the
court is located. However, where a judge of the county  court,  pursuant
to  subdivision  (g)  of  section three hundred twenty-five of the civil
practice law and rules, transfers a small claim from the town or village
court having jurisdiction over the matter to  another  town  or  village
court within the same county, the court to which it is transferred shall
have jurisdiction to determine the claim.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
actions or proceedings filed on or after such date.