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History
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
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
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 authorizing small claims cases to be brought where the claim arose, in addition 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 cases to brought in the location where the claim arose
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 something 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
2014: Held for consideration in Judiciary 2012: Referred to Judiciary.
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.