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

                                  5037

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced  by  M.  of A. GOTTFRIED, JACOBS, DINOWITZ, WRIGHT, COLTON --
  Multi-Sponsored  by  --  M.  of  A.  BRENNAN,  CLARK,  GLICK,  HOOPER,
  V. LOPEZ,  MAYERSOHN,  McENENY,  PHEFFER, RUSSELL, SCARBOROUGH -- read
  once and referred to the Committee on Judiciary

AN ACT to amend the uniform city court act, the uniform  district  court
  act,  the  uniform justice court act and the New York city civil court
  act, in relation to obtaining jurisdiction over certain defendants

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

  Section  1.  Section 1801 of the uniform city court act, as amended by
chapter 65 of the laws of 2010, 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
five thousand dollars exclusive of interest and  costs,  or  any  action
commenced by a party aggrieved by an arbitration award rendered pursuant
to  part  137  of the rules of the chief administrator of the courts (22
NYCRR Part 137) in which the amount in dispute does not  exceed  $5,000,
provided  that  the  defendant  either resides, or has an office for the
transaction of business or a regular employment[,] WITHIN THE COUNTY, OR
WHERE THE CLAIMANT IS OR WAS A TENANT OR LESSEE OF REAL  PROPERTY  OWNED
BY  THE  DEFENDANT  AND  THE CLAIM RELATES TO SUCH TENANCY OR LEASE, AND
SUCH REAL PROPERTY IS SITUATED within the county.
  S 2. Subdivision (a) of section 1803 of the uniform city court act, as
amended  by chapter 309 of the laws of 1996, the  opening  paragraph  as
amended  by  section  1 of part B of chapter 686 of the laws of 2003, is
amended to read as follows:
  (a) Small claims shall be commenced upon the payment by  the  claimant
of a filing fee of fifteen dollars for claims in the amount of one thou-
sand dollars or less and twenty dollars for claims in the amount of more
than  one thousand dollars, without the service of a summons and, except

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00859-01-1
              

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by special order of the court, without the service of any pleading other
than a statement of his cause of action by the claimant  or  someone  in
his behalf to the clerk, who shall reduce the same to a concise, written
form  and  record  it in a docket kept especially for such purpose. Such
procedure shall provide for the sending of notice of such claim by ordi-
nary first class mail and certified mail with return  receipt  requested
to  the  party  complained  against  (1) at his residence, if he resides
within the county, and his residence is known to the claimant, or (2) at
his office or place of regular employment within the county if  he  does
not  reside  therein  or his residence within the county is not known to
the claimant, OR (3) WHERE THE CLAIMANT IS OR WAS A TENANT OR LESSEE  OF
REAL  PROPERTY  OWNED  BY  THE  DEFENDANT  AND THE CLAIM RELATES TO SUCH
TENANCY OR LEASE AND THE NOTICE OF CLAIM CANNOT BE SENT UNDER  PARAGRAPH
ONE OR TWO OF THIS SUBDIVISION, AT ANY PLACE IN THE COUNTY OR AN ADJOIN-
ING COUNTY WHERE CLAIMANT MAY MAIL OR OTHERWISE DELIVER RENT AND AT SUCH
REAL  PROPERTY.  If, after the expiration of twenty-one days, such ordi-
nary first class mailing has not been  returned  as  undeliverable,  the
party  complained  against  shall be presumed to have received notice of
such claim. Such notice shall include a clear description of the  proce-
dure  for  filing  a  counterclaim,  pursuant to subdivision (c) of this
section.
  Such procedure shall further provide for an  early  hearing  upon  and
determination  of  such claim. No filing fee, however, shall be demanded
or received on small claims of employees who shall comply with S 1912 of
this act which is hereby made applicable, except that necessary  mailing
costs shall be paid.
  S  3.  Section  1801  of the uniform district court act, as amended by
chapter 65 of the laws of 2010, 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
five thousand dollars exclusive of interest and  costs,  or  any  action
commenced by a party aggrieved by an arbitration award rendered pursuant
to part one hundred thirty-seven of the rules of the chief administrator
of  the  courts  (22 NYCRR Part 137) in which the amount in dispute does
not exceed five thousand dollars, provided  that  the  defendant  either
resides,  or  has an office for the transaction of business or a regular
employment[,] WITHIN A DISTRICT OF THE COURT IN THE COUNTY, OR WHERE THE
CLAIMANT IS OR WAS A TENANT OR LESSEE OF  REAL  PROPERTY  OWNED  BY  THE
DEFENDANT  AND THE CLAIM RELATES TO SUCH TENANCY OR LEASE, AND SUCH REAL
PROPERTY IS SITUATED within a district of the court in the county.
  S 4. Subdivision (a) of section 1803 of  the  uniform  district  court
act,  as  amended  by  section 31 of part J of chapter 62 of the laws of
2003, is amended to read as follows:
  (a) Small claims shall be commenced upon the payment by  the  claimant
of a filing fee of fifteen dollars for claims in the amount of one thou-
sand dollars or less and twenty dollars for claims in the amount of more
than  one thousand dollars, without the service of a summons and, except
by special order of the court, without the service of any pleading other
than a statement of his cause of action by the claimant  or  someone  in
his behalf to the clerk, who shall reduce the same to a concise, written
form  and  record  it in a docket kept especially for such purpose. Such
procedure shall provide for the sending of notice of such claim by ordi-
nary first class mail and certified mail with return  receipt  requested
to  the  party  complained  against  (1) at his residence, if he resides
within a district of the court in the county, and his residence is known

A. 5037                             3

to the claimant, or (2) at his office or  place  of  regular  employment
within  such  a  district if he does not reside therein or his residence
within such a district is not known to the claimant, OR (3) WHERE CLAIM-
ANT IS OR WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE DEFENDANT
AND  THE  CLAIM RELATES TO SUCH TENANCY OR LEASE AND THE NOTICE OF CLAIM
CANNOT BE SENT UNDER PARAGRAPH ONE OR TWO OF THIS  SUBDIVISION,  AT  ANY
PLACE IN THE STATE WHERE CLAIMANT MAY MAIL OR OTHERWISE DELIVER RENT AND
AT  SUCH  REAL  PROPERTY.   If, after the expiration of twenty-one days,
such ordinary first class mailing has not been returned  as  undelivera-
ble,  the  party  complained  against shall be presumed to have received
notice of such claim. Such notice shall include a clear  description  of
the  procedure for filing a counterclaim, pursuant to subdivision (c) of
this section.
  Such procedure shall further provide for an  early  hearing  upon  and
determination  of  such claim. No filing fee, however, shall be demanded
or received on small claims of employees who shall comply  with  S  1912
(a)  of  this act which is hereby made applicable, except that necessary
mailing costs shall be paid.
  S 5. 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  thousand  dollars  exclusive of interest and costs, provided 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, OR WHERE CLAIMANT IS OR WAS A TENANT OR LESSEE OF REAL
PROPERTY OWNED BY THE DEFENDANT AND THE CLAIM RELATES TO SUCH TENANCY OR
LEASE, AND SUCH REAL PROPERTY IS SITUATED within the municipality  where
the court is located. However, where a judge of the county court, pursu-
ant 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 6. Subdivision (a) of section 1803 of the uniform justice court act,
as amended by chapter 309 of the laws of 1996, is  amended  to  read  as
follows:
  (a)  Small  claims shall be commenced upon the payment by the claimant
of a filing fee of ten dollars for claims in the amount of one  thousand
dollars  or  less  and  fifteen dollars for claims in the amount of more
than one thousand dollars, without the service of a summons and,  except
by special order of the court, without the service of any pleading other
than  a  statement  of his cause of action by the claimant or someone in
his behalf to the clerk, who shall reduce the same to a concise, written
form and record it in a filing system  maintained  especially  for  such
purpose.  Such procedure shall provide for the sending of notice of such
claim by ordinary first  class  mail  and  certified  mail  with  return
receipt  requested to the party complained against (1) at his residence,
if he resides within the county and his residence is known to the claim-
ant, or (2) at his office or place  of  regular  employment  within  the
municipality  if  he  does not reside within the county or his residence
within the county is not known to the claimant, OR (3) WHERE CLAIMANT IS
OR WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED BY  THE  DEFENDANT  AND
THE  CLAIM  RELATES  TO  SUCH  TENANCY  OR LEASE AND THE NOTICE OF CLAIM
CANNOT BE SENT UNDER PARAGRAPH ONE OR TWO OF THIS  SUBDIVISION,  AT  ANY

A. 5037                             4

PLACE  IN  THE  COUNTY OR AN ADJOINING COUNTY WHERE CLAIMANT MAY MAIL OR
OTHERWISE DELIVER RENT AND AT SUCH REAL PROPERTY.  If, after the expira-
tion of twenty-one days, such ordinary first class mailing has not  been
returned  as  undeliverable,  the  party  complained  against  shall  be
presumed to have received notice of  such  claim.    Such  notice  shall
include  a clear description of the procedure for filing a counterclaim,
pursuant to subdivision (c) of this section.
  Such procedure shall further provide for an  early  hearing  upon  and
determination  of  such claim. No filing fee, however, shall be demanded
or received on small claims of employees who shall comply  with  section
nineteen  hundred  twelve  of  this act which is hereby made applicable,
except that necessary mailing costs shall be paid.
  S 7. Section 1801 of the New York city civil court act, as amended  by
chapter 65 of the laws of 2010, 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 five thousand dollars exclusive of interest and
costs, or any action commenced by a party aggrieved  by  an  arbitration
award  rendered  pursuant to part 137 of the rules of the chief adminis-
trator of the courts (22 NYCRR Part 137) in which the amount in  dispute
does  not  exceed  five  thousand  dollars,  provided that the defendant
either resides, or has an office for the transaction of  business  or  a
regular  employment[,] WITHIN THE CITY OF NEW YORK, OR WHERE CLAIMANT IS
A TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE DEFENDANT AND THE CLAIM
RELATES TO SUCH TENANCY OR LEASE, AND SUCH  REAL  PROPERTY  IS  SITUATED
within the city of New York.
  S  8. Subdivision (a) of section 1803 of the New York city civil court
act, as amended by section 34 of part J of chapter 62  of  the  laws  of
2003, is amended to read as follows:
  (a)  Small  claims shall be commenced upon the payment by the claimant
of a filing fee of fifteen dollars for claims in the amount of one thou-
sand dollars or less and twenty dollars for claims in the amount of more
than one thousand dollars, without the service of a summons and,  except
by special order of the court, without the service of any pleading other
than  a  statement  of his cause of action by the claimant or someone in
his behalf to the clerk, who shall reduce the same to a concise, written
form and record it in a docket kept especially for  such  purpose.  Such
procedure shall provide for the sending of notice of such claim by ordi-
nary  first  class mail and certified mail with return receipt requested
to the party complained against (1) at  his  residence,  if  he  resides
within the city of New York, and his residence is known to the claimant,
or  (2)  at his office or place of regular employment within the city of
New York if he does not reside therein or his residence within the  city
of  New  York  is not known to the claimant, OR (3) WHERE CLAIMANT IS OR
WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE DEFENDANT  AND  THE
CLAIM RELATES TO SUCH TENANCY OR LEASE AND THE NOTICE OF CLAIM CANNOT BE
SENT UNDER PARAGRAPH ONE OR TWO OF THIS SUBDIVISION, AT ANY PLACE IN THE
STATE  WHERE  PLAINTIFF  MAY  MAIL OR OTHERWISE DELIVER RENT AND AT SUCH
REAL PROPERTY.  If, after the expiration of twenty-one days, such  ordi-
nary  first  class  mailing  has not been returned as undeliverable, the
party complained against shall be presumed to have  received  notice  of
such  claim. Such notice shall include a clear description of the proce-
dure for filing a counterclaim, pursuant  to  subdivision  (c)  of  this
section.
  Such  procedure  shall  further  provide for an early hearing upon and
determination of such claim. No filing fee, however, shall  be  demanded

A. 5037                             5

or  received  on  small claims of employees who shall comply with S 1912
(a) of this act which is hereby made applicable, except  that  necessary
mailing costs shall be paid.
  S  9.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it  shall  have  become  a  law;  provided,
however,  that  if  chapter  65 of the laws of 2010 shall not have taken
effect on or before such date then sections one, three and seven of this
act shall take effect on the same date and in the same  manner  as  such
chapter of the laws of 2010 takes effect.