Legislation

Search OpenLegislation Statutes

This entry was published on 2023-07-07
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1804
Informal and simplified procedure on small claims
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 18
§ 1804. Informal and simplified procedure on small claims. The court
shall conduct hearings upon small claims in such manner as to do
substantial justice between the parties according to the rules of
substantive law and shall not be bound by statutory provisions or rules
of practice, procedure, pleading or evidence, except statutory
provisions relating to privileged communications and personal
transactions or communications with a decedent or person with a mental
illness. An itemized bill or invoice, receipted or marked paid, or two
itemized estimates for services or repairs, are admissible in evidence
and are prima facie evidence of the reasonable value and necessity of
such services and repairs. Disclosure shall be unavailable in small
claims procedure except upon order of the court on showing of proper
circumstances. In every small claims action, where the claim arises out
of the conduct of the defendant's business at the hearing on the matter,
the judge or arbitrator shall determine the appropriate state or local
licensing or certifying authority and any business or professional
association of which the defendant is a member. The provisions of this
act and the rules of this court, together with the statutes and rules
governing supreme court practice, shall apply to claims brought under
this article so far as the same can be made applicable and are not in
conflict with the provisions of this article; in case of conflict, the
provisions of this article shall control.