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Small Claims cases are heard in City Civil Court in New York City; in District Court in Nassau and Suffolk Counties, except in the First District; and City Court in all other cities. In rural areas, cases are heard in Justice Court.
Consolidated Laws of New York Annotated, Uniform Civil Court Act, Article 18, Section 01-15, Article 18-A, Section 01- 14 (commercial claims); Uniform District Court Act, Article 18, Sections 01-15; Uniform Justice Court Act, Article 18, Sections 01-15; N.Y.C. Civil Court Act, Article 18, Section 01-15, Article 18-A, Sections 01-14 (commercial claims). Uniform Civil Rules for the New York City Civil Court, Part 208, Section 41 and Part 208, Section 41- A; Uniform Civil Rules for the City Courts Outside the City of New York, Part 210, Section 41 and Section 41 Part 212-A, Section 41; Uniform Civil Rules for the Justice Courts, Part 214, Section 10.
$3,000 in Justice Court and $5,000 in all other courts.
Department
of State Division of Corporations, 41 State Street, Albany,
NY 12231-0001; Phone: (518) 473-2492; Fax: (518) 473-1418.
New York City Court Form Link.
Electronic Filing of Court Forms
Certified or registered mail, disinterested adult. Notice presumed if not returned as undeliverable after 21 days if sent by certified or registered mail.
Set by court.
Allowed. Required for most corporations.
In court's discretion to transfer to any court with jurisdiction.
Defendant may file an appeal for a review of law, not facts, or plaintiff if "substantial justice" was not done in County Court or Appellate Terms within 30 days of judgment.
No equitable relief. Non-appealable arbitration available. Corporations and partnerships may not sue. Right to sue may not be transferred. Jury trial available to defendant only. Defendant must file affidavit stating the issues that require a jury trial. Business judgment-debtors must pay within 35 days or $100 may be added to judgment. Businesses that fail to pay judgments may face a refusal of renewal of grant of business license from authorities. No counterclaims allowed in Small Claims unless within the jurisdictional limit. In New York City only one plaintiff can sue one defendant. If mulitple defendants must file a separate suit for each defendant.