§ 1803. Commencement of action upon small claim. (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 thousand 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 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 city
of New York, and his residence is known to the claimant, (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. 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.

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 § 1912
(a) of this act which is hereby made applicable, except that necessary
mailing costs shall be paid.

(b) The clerk shall furnish every claimant, upon commencement of the
action, with information written in clear and coherent language which
shall be prescribed and furnished by the office of court administration,
concerning the small claims court. Such information shall include, but
not be limited to, an explanation of the following terms and procedures;
adjournments, counterclaims, jury trial requests, subpoenas,
arbitration, collection methods and fees, the responsibility of the
judgment creditor to collect data on the judgment debtor's assets, the
ability of the court prior to entering judgment to order examination of
or disclosure by, the defendant and restrain him, the utilization of
section eighteen hundred twelve of this article concerning treble damage
awards and information subpoenas including, but not limited to, specific
questions to be used on information subpoenas, and the claimant's right
to notify the appropriate state or local licensing or certifying
authority of an unsatisfied judgment if it arises out of the carrying
on, conducting or transaction of a licensed or certified business or if
such business appears to be engaged in fraudulent or illegal acts or
otherwise demonstrates fraud or illegality in the carrying on,
conducting or transaction of its business and a list of at least the
most prominent state or local licensing or certifying authorities and a
description of the business categories such licensing or certifying
authorities oversee. The information shall be available in English.
Large signs in English shall be posted in conspicuous locations in each
small claims court clerk's office, advising the public of its
availability.

(c) A defendant who wishes to file a counterclaim shall do so by
filing with the clerk a statement containing such counterclaim within
five days of receiving the notice of claim. At the time of such filing
the defendant shall pay to the clerk a filing fee of five dollars plus
the cost of mailings which are required pursuant to this subdivision.
The clerk shall forthwith send notice of the counterclaim by ordinary
first class mail to the claimant. If the defendant fails to file the
counterclaim in accordance with the provisions of this subdivision, the
defendant retains the right to file the counterclaim, however the
claimant may, but shall not be required to, request and obtain
adjournment of the hearing to a later date. The claimant may reply to
the counterclaim but shall not be required to do so.