Legislation
SECTION 1810-A
Limitation on right to resort to commercial claims procedures
Uniform City Court Act (UCT) CHAPTER 497, ARTICLE 18-A
§ 1810-A. Limitation on right to resort to commercial claims procedures.
If the clerk shall find that the procedures of the commercial claims
part are sought to be utilized by a claimant for purposes of oppression
or harassment, as where a claimant has previously resorted to such
procedures on the same claim and has been unsuccessful after the hearing
thereon, the clerk may in his discretion compel the claimant to make
application to the court for leave to prosecute the claim in the
commercial claims part. The court upon such application may inquire into
the circumstances and, if it shall find that the claim has already been
adjudicated, or that the claim is sought to be brought on solely for
purposes of oppression or harassment and not under color of right, it
may make an order denying the claimant the use of the commercial claims
part to prosecute the claim.
If the clerk shall find that the procedures of the commercial claims
part are sought to be utilized by a claimant for purposes of oppression
or harassment, as where a claimant has previously resorted to such
procedures on the same claim and has been unsuccessful after the hearing
thereon, the clerk may in his discretion compel the claimant to make
application to the court for leave to prosecute the claim in the
commercial claims part. The court upon such application may inquire into
the circumstances and, if it shall find that the claim has already been
adjudicated, or that the claim is sought to be brought on solely for
purposes of oppression or harassment and not under color of right, it
may make an order denying the claimant the use of the commercial claims
part to prosecute the claim.