Legislation
SECTION 214
Transferred cases
Uniform Justice Court Act (UJC) CHAPTER 898, ARTICLE 2
§ 214. Transferred cases.
In a case brought in the supreme court or county court of Westchester
county where money damages only are sought and classification, pretrial
or other appropriate procedures in either of said courts or the demand
for relief have determined that the potential recovery, assuming
liability, in an action or proceeding or counterclaim therein will not
exceed the sum of five thousand dollars, exclusive of interest and
costs, if such action or proceeding is transferred to a town or village
court in the county of Westchester having jurisdiction of the parties
under section two hundred thirteen of this act, pursuant to section
nineteen of article six of the state constitution, the verdict or
judgment of such justice court shall not be subject to the limitation of
monetary jurisdiction specified elsewhere in this article for such
court, but shall be subject instead to a monetary jurisdiction not to
exceed five thousand dollars, exclusive of interest and costs.
Alternatively, for purposes of this section only, in the furtherance of
the interests of justice, such transfer may be made (a) to a justice
court in a municipality adjacent to a municipality designated in section
two hundred thirteen of this act or to a justice court in a municipality
adjacent to a city in Westchester county whose court would otherwise
have had jurisdiction by the calendar justice of the supreme court or
judge of the county court; or (b) to any justice court in the county of
Westchester by the administrative judge of the ninth judicial district.
Costs incurred by local municipalities in administering their courts as
a result of the application of this section shall be a charge against
the county of Westchester within the amounts appropriated by the county
therefor and subject to reasonable rules and regulations thereof by the
county.
In a case brought in the supreme court or county court of Westchester
county where money damages only are sought and classification, pretrial
or other appropriate procedures in either of said courts or the demand
for relief have determined that the potential recovery, assuming
liability, in an action or proceeding or counterclaim therein will not
exceed the sum of five thousand dollars, exclusive of interest and
costs, if such action or proceeding is transferred to a town or village
court in the county of Westchester having jurisdiction of the parties
under section two hundred thirteen of this act, pursuant to section
nineteen of article six of the state constitution, the verdict or
judgment of such justice court shall not be subject to the limitation of
monetary jurisdiction specified elsewhere in this article for such
court, but shall be subject instead to a monetary jurisdiction not to
exceed five thousand dollars, exclusive of interest and costs.
Alternatively, for purposes of this section only, in the furtherance of
the interests of justice, such transfer may be made (a) to a justice
court in a municipality adjacent to a municipality designated in section
two hundred thirteen of this act or to a justice court in a municipality
adjacent to a city in Westchester county whose court would otherwise
have had jurisdiction by the calendar justice of the supreme court or
judge of the county court; or (b) to any justice court in the county of
Westchester by the administrative judge of the ninth judicial district.
Costs incurred by local municipalities in administering their courts as
a result of the application of this section shall be a charge against
the county of Westchester within the amounts appropriated by the county
therefor and subject to reasonable rules and regulations thereof by the
county.