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History
- Referred to judiciary
- Referred to judiciary
Companion bill
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Allows a plaintiff to have a small claims court hearing in the municipality in which the claim arose
In Assembly Committee · Judiciary · Sponsor Marc Butler
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2896
Title of bill
An act to amend the New York city civil court act, the uniform city court act, the uniform district court act and the uniform justice court act, in relation to the location of a small claims proceeding
Purpose
The purpose of this bill is to make the provisions governing where a small claims proceeding may be brought more equitable by author- izing small claims cases to be brought where the claim arose, in addi- tion to the other currently permissible locations
Summary of provisions
Amends sections 1801 of the New York city civil court act, the uniform city court act, the uniform district court act and the uniform justice court act to authorize small claims cased to brought in the location where the claim arose
Existing law
Current law only permits small claims cases to be brought where the defendant resides or has an office for the transaction of business or a regular employment.
Justification
Under current law, small claims cases may be brought where the defendant resides or has an office for the transaction of business or a regular employment. This bill would also allow such claims to be filed where the claim arose.
The current law can be unreasonably burdensome to the plaintiff in a small claims proceeding. For example, small businesses which sell some- thing or provide a service and are not paid should not be required to bring a small claims action where the defendant resides or is employed in order to receive payment. This can be particularly troublesome when the defendant resides out of town and was traveling through the area where the goods or services were acquired for which payment was not provided This bill would make the provisions regarding where a small claims action may be brought more equitable
Legislative history
S.7153 of 2007-08
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.