Bill Text: NY A03845 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 3845 (Prior Session Legislation)

Introduced

Bill Title: Increases the monetary jurisdiction of the justice courts from three thousand dollars to fifteen thousand dollars.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to judiciary [A03845 Detail]

Download: New_York-2023-A03845-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          3845

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Judiciary

        AN  ACT to amend the uniform justice court act, in relation to the mone-
          tary jurisdiction of justice courts

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision a of section 201 of the uniform justice court
     2  act, as amended by chapter 685 of the laws of 1977, is amended  to  read
     3  as follows:
     4    a.  The court shall have jurisdiction as set forth in this article and
     5  as elsewhere provided by law, subject, in  the  case  of  a  city  court
     6  governed by this act, to the limitations stated in § 2300 (b) (2) (i) of
     7  this  act.  The  phrase  "[$3000]  $15,000", whenever it appears herein,
     8  shall be taken to  mean  "[$3000]  $15,000  exclusive  of  interest  and
     9  costs",  except  that,  in the case of a city court governed by this act
    10  whose monetary jurisdiction is, pursuant to § 2300 (b) (2) (i)  of  this
    11  act, below [$3000] $15,000, it shall be taken to mean such lesser sum as
    12  is applicable in the particular court, exclusive of interest and costs.
    13    § 2. Section 202 of the uniform justice court act, as amended by chap-
    14  ter 685 of the laws of 1977, is amended to read as follows:
    15  § 202. Money actions and actions to recover chattels.
    16    Notwithstanding  any  other  provision  of  law,  the court shall have
    17  jurisdiction of actions and proceedings for the  recovery  of  money  or
    18  chattels  where  the  amount  sought to be recovered or the value of the
    19  property does not exceed [$3000] $15,000.
    20    § 3. Section 208 of the uniform justice court act, as amended by chap-
    21  ter 685 of the laws of 1977, is amended to read as follows:
    22  § 208. Counterclaims.
    23    The Court shall have jurisdiction of any  counterclaim  whose  subject
    24  matter  would  be  within its jurisdiction if sued upon separately. If a
    25  counterclaim for money only in excess of [$3000] $15,000 is  interposed,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04844-01-3

        A. 3845                             2

     1  the court may entertain it to the extent of [$3000] $15,000 but it shall
     2  be deemed waived as to the excess above [$3000] $15,000.
     3    § 4. Section 211 of the uniform justice court act, as amended by chap-
     4  ter 685 of the laws of 1977, is amended to read as follows:
     5  § 211. Joinder of causes of action in complaint; effect on jurisdiction.
     6    Where several causes of action are asserted in the complaint, and each
     7  of them would be within the jurisdiction of the court if sued upon sepa-
     8  rately,  the  court  shall have jurisdiction of the action. In such case
     9  judgment may be rendered by the court in excess of  [$3000]  $15,000  if
    10  such excess result solely because of such joinder.
    11    §  5.  Section  1801  of  the uniform justice court act, as amended by
    12  chapter 485 of the laws of 2021, is amended to read as follows:
    13  § 1801. Small claims defined.
    14    The term "small claim" or "small claims" as used  in  this  act  shall
    15  mean  and  include  any  cause of action for money only not in excess of
    16  [three] fifteen  thousand  dollars  exclusive  of  interest  and  costs,
    17  provided  that  the  defendant  either resides, or has an office for the
    18  transaction of business or a regular employment within the  municipality
    19  where  the  court  is  located,  or where claimant is or was a tenant or
    20  lessee of real property owned by the defendant and the claim relates  to
    21  such  tenancy  or  lease,  and such real property is situated within the
    22  municipality where the court is located. However, where a judge  of  the
    23  county court, pursuant to subdivision (g) of section three hundred twen-
    24  ty-five  of  the  civil  practice law and rules, transfers a small claim
    25  from the town or village court having jurisdiction over  the  matter  to
    26  another town or village court within the same county, the court to which
    27  it is transferred shall have jurisdiction to determine the claim.
    28    §  6.  This  act shall take effect on the thirtieth day after it shall
    29  have become a law.