S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3799--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. ZEBROWSKI, GALEF, O'DONNELL, DenDEKKER, GUNTHER,
   QUART, STECK, JAFFEE, OTIS, BLAKE,  THIELE,  MOSLEY,  ABBATE,  BARRON,
   PICHARDO, BUCHWALD, GOTTFRIED, ENGLEBRIGHT, PAULIN, MONTESANO, PALMES-
   ANO,  FRIEND, PALUMBO, BRABENEC, GARBARINO -- Multi-Sponsored by -- M.
   of A. CROUCH, GLICK, McDONOUGH, PEOPLES-STOKES, SIMON,  STEC  --  read
   once   and  referred  to  the  Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the uniform justice court  act,  in  relation  to  civil
   jurisdictional limits and increasing filing fees
 
   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 § 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 § 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].
   § 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:
 § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06513-02-9

 A. 3799--A                          2
 
   §  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:
 § 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
 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.
   §  4.  Paragraph (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] FIFTEEN dollars for claims in the amount of one
 thousand dollars or less and [fifteen] 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 filing system main-
 tained especially for such purpose. Such procedure shall provide for the
 sending of notice of such claim by ordinary first class mail and  certi-
 fied  mail with return receipt requested to the party complained against
 at his residence, if he resides within the county and his  residence  is
 known  to  the claimant, or 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. If, after the
 expiration 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.
   §  5. 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.