NY State Senate Bill 2021-S5294

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Mar 01, 2021	referred to judiciary

2021-S5294 (ACTIVE) - Details

See Assembly Version of this Bill:: A6446
Current Committee:: Senate Judiciary
Law Section:: Uniform Justice Court Act
Laws Affected:: Amd §§201, 202, 208, 211 & 1801, UJCA
Versions Introduced in 2023-2024 Legislative Session:: S2719, A3457

2021-S5294 (ACTIVE) - Summary

Raises the jurisdictional amount for small claims cases from $3,000 to $10,000 in justice court.

2021-S5294 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5294

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the uniform justice court act, in relation to raising
the jurisdictional amount for small claims cases

 
PURPOSE:

To raise the jurisdictional amount that may be brought before a small
claims court.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 201 of the uniform court justice act to raise
the cap for claims that may be prosecuted in small claims court to
$10,000.

Section 2 amends section 202 of the uniform court justice act to raise
the cap for claims that may be brought to recover property to $10,000.

Section 3 amends section 208 of the uniform court justice act to raise
the cap for counterclaims to $10,000.

Section 4 amends section 211 of the uniform court justice act to allow
the consolidation of related cases that would otherwise fall within the
jurisdictional amount for small claims court to be aggregated to more
than the $10,000 amount.

Section 5 amends section 1801 of the uniform court justice act to define
small claims as all causes of action not exceeding $10,000.

Section 6 is the effective date.

 
JUSTIFICATION:

New York has the largest concentration of attorneys in the United
States, with 179,600 registered attorneys, and 155,369 of those attor-
neys have addresses in the state. However, despite having 17% of the
population and 80% of the land space in the state, there are only 6,176
attorneys serving in the large swaths of rural New York, according to
attorney-registration data. In reality, the number of rural attorneys
that actually offer legal services to individual members of the public
is much smaller than that statistic indicates, since a sizable propor-
tion of these attorneys do not offer legal services to the general
public, such as district attorneys and members of the judiciary. This is
corroborated by data from rural county bars.

The small claims limit was last changed in 1977, when it was raised to
$3,000. Despite this, inflation and the cost of living has increased
substantially since the 1970's, making the $3,000 cap all but meaning-
less. As a result of the stagnating cap permitted in small claims, liti-
gants are increasingly forced into the Supreme Court, where filing fees
are much higher than in small claims courts. For many rural New Yorkers,
the burdensome cost to filing in higher courts prevents them from opti-
mally utilizing the court system. An additional consequence of this
stagnating cap has been the overburdening of the higher courts as they
are forced to handle an increasing number of cases.
This bill seeks to bridge the gap between the reality of small claims in
New York with the legislative maximum amount that can be brought in
small claims. As a result of this legislation, the burden on higher
courts will be lessened as people use their local small claims courts.
Additionally, raising the limit would allow rural practitioners to
handle more cases in their community while keeping costs down for their
clients.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

No cost to the state.

 
EFFECTIVE DATE:
The ninetieth day after it shall have become a law.

2021-S5294 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5294
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the uniform justice court act, in  relation  to  raising
   the jurisdictional amount for small claims cases
 
   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] TEN THOUSAND DOLLARS", whenever it appears
 herein,  shall  be taken to mean "[$3000] TEN THOUSAND DOLLARS 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] TEN THOUSAND DOLLARS, 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] TEN THOUSAND DOLLARS.
   § 3. Section 208 of the uniform justice court act, as amended by chap-
 ter 685 of the laws of 1977, is amended to read as follows:
 § 208. Counterclaims.
   The Court shall have jurisdiction of any  counterclaim  whose  subject
 matter  would  be  within its jurisdiction if sued upon separately. If a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10008-01-1

 S. 5294                             2
 
 counterclaim for money only in excess of [$3000] TEN THOUSAND DOLLARS is
 interposed, the court may entertain it to  the  extent  of  [$3000]  TEN
 THOUSAND  DOLLARS  but  it shall be deemed waived as to the excess above
 [$3000] TEN THOUSAND DOLLARS.
   § 4. Section 211 of the uniform justice court act, as amended by chap-
 ter 685 of the laws of 1977, is amended to read as follows:
 § 211. Joinder of causes of action in complaint; effect on jurisdiction.
   Where several causes of action are asserted in the complaint, and each
 of them would be within the jurisdiction of the court if sued upon sepa-
 rately,  the  court  shall have jurisdiction of the action. In such case
 judgment may be rendered by the court in excess of [$3000] TEN  THOUSAND
 DOLLARS if such excess result solely because of such joinder.
   §  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:
 § 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] TEN 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.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S5294

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2021-S5294 (ACTIVE) - Details

2021-S5294 (ACTIVE) - Summary

2021-S5294 (ACTIVE) - Sponsor Memo

2021-S5294 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5294

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2021-S5294 (ACTIVE) - Details

2021-S5294 (ACTIVE) - Summary

2021-S5294 (ACTIVE) - Sponsor Memo

2021-S5294 (ACTIVE) - Bill Text download pdf

Comments