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    Uniform Rules for N.Y.S. Trial Courts
PART 210. Uniform Civil Rules For The City Courts Outside The City Of New York
Commercial reuse of the Rules as they appear on this web site is prohibited. The official version of the Rules published in the NYCRR is available on Westlaw.


210.01 Application of Part; waiver; additional rules; UCCA;
210.02 Terms and parts of court
210.03 Individual assignment system; structure
210.04 Papers filed in court; index number; form; label
210.05 Submission of papers to judge
210.06 Summons
210.07 Pleadings
210.08 Calendaring of motions; uniform notice of motion form
210.09 Motion procedure
210.10 Preliminary conference
210.11 [Reserved]
210.12 Videotape recording of depositions
210.13 Exchange of medical reports in personal injury . . .
210.14 Defaults
210.15 Transfer of actions
210.16 Discontinuance of civil actions
210.17 Notice of trial where all parties appear by attorney
210.18 Calendars
210.19 [Reserved]
210.20 Special preferences
210.21 Objections to applications for special preference
210.22 Pretrial and prearbitration conference
210.23 to 210.24 [Reserved]
210.25 Engagement of counsel
210.26 [Reserved]
210.27 Submission of papers for trial
210.28 Absence of attorney during trial
210.29 to 210.30 [Reserved]
210.31 Restoration after jury disagreement, mistrial or . . .
210.32 Damages, inquest after default; proof
210.33 Submission of orders, judgments & decrees . . .
210.34 to 210.35 [Reserved]
210.36 Infants' and incapacitated persons' claims . . .
210.37 Executions
210.38 Appeals
210.39 Procedures for the enforcement of money judgments
210.40 Arbitration
210.41 Small claims procedure
210.41-a Commercial claims procedure
210.42 Proceedings under article 7 of the Real Property . . .
210.43 Powers of clerks
210.415 [Renumbered]

Section 210.01 Application of Part; waiver; additional rules; application of UCCA; definitions.

(a) Application. This Part shall be applicable to civil actions and proceedings in the City Courts of the State of New York, outside the City of New York.

(b) Waiver. For good cause shown, and in the interests of justice, the court in an action or proceeding may waive compliance with any of the rules in this Part, other than sections 210.2 and 210.3, unless prohibited from doing so by statute or by a rule of the Chief Judge.

(c) Additional rules. Additional local court rules, not inconsistent with law or with these rules, shall comply with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9).

(d) Application of the Uniform City Court Act. The provisions of this Part shall be construed as consistent with the Uniform City Court Act (UCCA), and matters not covered by these provisions shall be governed by the UCCA.

(e) Definitions.

(1) Chief Administrator of the Courts in this Part also includes a designee of the Chief Administrator.

(2) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the UCCA and the CPLR.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.02 Terms and parts of court.

(a) Terms of court. In each City Court there shall be held such terms as the Chief Administrator of the Courts shall designate. A term of court is a four- week session of court and there shall be 13 terms of court in a year, unless otherwise provided in the annual schedules of terms established by the Chief Administrator of the Courts which shall also specify the dates of such terms.

(b) Parts of court. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or a quasi-judicial officer. In each City Court there shall be parts of courts, including one or more small claims parts, as may be established from time to time by the Chief Administrator of the Courts.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.03 Individual assignment system; structure.

(a) General. There shall be established for all civil actions and proceedings heard in city courts and individual assignment system which provides for the continuous supervision of each action and proceeding by a single judge. Except as otherwise may be provided by the Chief Administrator of the Courts or by these rules, every action and proceeding shall be assigned and heard pursuant to the individual assignment system.

(b) Assignments. Actions and proceedings shall be assigned to a judge of the court upon the filing with the court of the first document in the case. Assignments shall be made by the clerk of the court pursuant to a method of selection prescribed by the Chief Administrator. The judge thereby assigned shall be known as the "assigned judge" with respect to that matter and, except as otherwise provided in subdivision (c) of this section, shall conduct all further proceedings therein.

(c) Exceptions.

(1) Where the requirements of matters already assigned to a judge are such as to limit the ability of that judge to handle additional cases, the Chief Administrator may authorize that new assignments to that judge be suspended until the judge is able to handle additional cases.

(2) The Chief Administrator may authorize the establishment in any court of special categories of actions and proceedings, for assignment to judges specially assigned to hear such actions or proceedings.

(3) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when the assigned judge is not available.

(4) The Chief Administrator may transfer any action or proceeding, and any matter relating to an action or proceeding, from one judge to another in accordance with the needs of the court.

(5) Judges sitting on other than a full-time basis shall be assigned cases in a manner authorized by the Chief Administrator in accordance with the needs of the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.04 Papers filed in court; index number; form; label.

The party causing the first paper to be filed shall obtain an index number and communicate it forthwith to all other parties to the action. Thereafter such number shall appear on the outside cover and the first page, to the right of the caption, of every paper tendered for filing in the action. Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper and, where the case has been assigned to an individual judge, shall contain the name of the assigned judge to the right of the caption. In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and every paper, other than an exhibit or printed form, shall contain writing on one side only and, if typewritten, shall have at least a double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.05 Submission of papers to judge.

All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or at the clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and index number of the action in which they are filed, the judge's name and the name of the attorney or party submitting them.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.06 Summons.

(a) The summons shall state the name and location of the court in which the action is brought, as well as the names of the parties, and shall comply with all provisions of the UCCA applicable to summonses.

(b) The following form shall be used in actions pursuant to UCCA 902(a)(1), where a formal complaint is not served:

_______COURT OF THE CITY OF ________
COUNTY OF_____________________  
_____________________  
 
Index No. ____
  )  
Plaintiff,
)
SUMMONS
  )
Plaintiff's Residence
-against-
)
Address:
  )  
  )  
Defendant,
)
The basis of the venue designated is:
  )  
______________________________________  
To the above named defendant:  

YOU ARE HEREBY SUMMONED and required to appear in the.....Court of the City of, ..... located at ....., in said City, County of ....., State of New York, either (i) by serving an answer* within 10 days after service of this summons upon you, exclusive of the day of service, upon plaintiff's attorney, at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, or (ii) by appearing at the clerk's office within 10 days after service of this summons upon you, exclusive of the day of service, by having the clerk of the court endorse your answer upon this summons; upon your failure to answer, judgment will be taken against you for the sum of $..... with interest thereon from the ..... day of ....., 19 ....., together with the costs of this action.

Dated: the_____ day of _____, 19_____

Statement of the nature and substance of plaintiff's cause of action: _______________________________
Attorney(s) for Plaintiff
Post-office Address
Telephone Number
    (or, alternatively
  _____________________________
  Clerk of the __________________________
  Court of the City of____________________

[FNa1] You need not physically go to the court to serve an answer under option (i).

(c) In a case where a formal complaint is annexed to the summons, the following form of summons, with all blank spaces appropriately filled in, is to be used:

________COURT OF THE CITY OF ________
COUNTY OF_____________________  
_____________________  
 
Index No. ____
  )  
Plaintiff,
)
SUMMONS
  )
Plaintiff's Residence
-against-
)
Address:
  )  
  )  
Defendant,
)
  )  
______________________________________  
To the above named defendant:  

YOU ARE HEREBY SUMMONED and required to appear in the.....Court of the City of ..... , located at ....., in said City, County of ....., State of New York, by serving an answer* to the annexed complaint upon plaintiff's attorney at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, within the time provided by law as noted below; upon your failure to so answer, judgment will be taken against you for the relief demanded in the complaint, together with the costs of this action.

Dated: the _____ day of _____, 19 _____

 

Attorney(s) for Plaintiff

Post-office Address

Telephone Number


Note: The law provides that:

(1) if this summons is served by its delivery to you personally within the County of....., you must answer within 10 days after such service; or

(2) if this summons is served by delivery to any person other than you personally, or is served outside the County of....., or by publication, or by any means other than personal delivery to you within the County of ....., you are allowed 30 days after service is complete within which to answer.

__________________________

*You need not physically go to the court to serve an answer.

(d) The summons in all actions, with proof of due service thereof, must be filed in the office of the clerk within 20 days after service is complete.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed May 4, 1992 eff. April 28, 1992. Amended (d).

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Section 210.7 Pleadings.

(a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge upon application to the clerk, who shall refer the same to such judge. Any other party may move to modify or vacate such ex parte order.

(b) All formal pleadings in this court and verifications thereof shall be in conformity with CPLR, article 30.

(c) An order directing the service and filing of a formal pleading, or pleadings, shall specify the time within which the same shall be served and filed.

(d) A defendant's time to move or answer may be extended by ex parte order no more than once, and for no longer than 10 days beyond the expiration of the original time to answer, and only if there has been no previous extension by consent. All further applications for extensions shall be made by motion upon notice.

(e) In any action to recover damages for personal injuries arising out of use or operation of a motor vehicle, plaintiff shall set forth in the complaint, whether in short or long form, the jurisdictional facts that permit plaintiff to maintain the action and avoid the bar of the Comprehensive Automobile Insurance Reparations Act.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.08 Calendaring of motions; uniform notice of motion form.

(a) There shall be compliance with the procedures prescribed in the UCCA and CPLR for the bringing of motions. In addition, no motion shall be filed with the court unless a notice of motion is served and filed with the motion papers. The notice of motion shall read substantially as follows:

Upon the affidavit of ____, sworn to on ____, 19____, and upon (list supporting papers if any), the .....will move this court at the ____ Courthouse, ____, ____, New York, on the ____ day of ____, 19 ____, at ____ (a.m.) (p.m.) for an order (briefly indicate relief requested).

The above-entitled action is for (briefly state nature of action, e.g., personal injury, contract, property damage etc.). Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of the motion.

(check box if applicable) [ ]

Dated:

 
(Print Name)
 

______________________

 

Attorney [FN1] (or Attorney in charge of case if law firm) for moving party
Post-office Address
Telephone Number

(Print Name)
 
TO:__________________  
Attorney [FN1] for (other party)
Address:
Telephone number:
 
   
(Print Name)
 
________________________
 
Attorney [FN1] for (other party)
Address:
Telephone number:
 

*If any party is appearing pro se, the name, address and telephone number of such party shall be stated.

(b) The notice of motion set forth in subdivision (a) of this section shall not be required for the return of an order to show cause or an application for ex parte relief.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.09 Motion procedure.

(a) All motions shall be returnable before the assigned judge. The moving party shall serve copies of all affidavits and briefs upon the adverse parties at the time of service of the notice of motion. The answering party shall serve copies of all affidavits and briefs as required by CPLR 2214. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. Unless otherwise directed by the court, answering and reply affidavits and all other papers required to be furnished to the court by CPLR 2214(c) must be filed no later than the time of argument or submission of the motion.

(b) The assigned judge may determine that any or all motions be orally argued, and may direct that moving and responding papers be filed with the court prior to the time of argument.

(c) Unless oral argument has been requested by a party and permitted by the court, or directed by the court, motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date. A party requesting oral argument shall set forth such request in the notice of motion or on the first page of the answering papers, as the case may be. A party requesting oral argument on a motion brought on by an order to show cause shall do so as soon as practicable before the time the motion is to be heard.

Historical Note
Sec filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.10 Preliminary conference.

In all actions assigned to a judge where disclosure has not been completed, the court may order a preliminary conference as soon as practicable after the action has been assigned. The matters to be considered at the preliminary conference may include simplification and limitation of factual and legal issues, establishment of a timetable for the completion of all disclosure proceedings, the addition of other necessary parties and settlement of the action.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.11 [Reserved]

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Section 210.12 Videotape recording of depositions.

Depositions authorized under the provisions of the CPLR or other law may be taken, as permitted by subdivision (b) of section 3113 of the CPLR, by means of simultaneous audio and visual electronic recording, provided such recording is made in conformity with section 202.15 of the Rules of the Chief Administrator (22 NYCRR Part 202).

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.13 Exchange of medical reports in personal injury and wrongful death actions.

Except where the court otherwise directs, in all actions in which recovery is sought for personal injuries, disability or death, physical examinations and the exchange of medical information shall be governed by the provisions hereinafter set forth:

(a) At any time after joinder of issue and service of a bill of particulars, the party to be examined or any other party may serve on all other parties a notice fixing the time and place of examination. Unless otherwise stipulated, the examination shall be held not less than 30 nor more than 60 days after service of the notice. If served by any party other than the party to be examined, the notice shall name the examining medical provider or providers. If the notice is served by the party to be examined, the examining parties shall, within 10 days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination. Any party may move to modify or vacate the notice fixing the time and place of examination or the notice naming the examining medical providers, within 10 days of the receipt thereof, on the grounds that the time or place fixed or the physician named is objectionable, or that the nature of the action is such that the interests of justice will not be served by an examination, exchange of medical reports or delivery of authorizations.

(b) At least 20 days before the date of such examination, or on such other date as the court may direct, the party to be examined shall serve upon and deliver to all other parties the following, which may be used by the examining medical provider:

(1) copies of the medical reports of those medical providers who have previously treated or examined the party seeking recovery. These shall include a recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those X-ray and technicians' reports which will be offered at the trial, including a description of the injuries sustained, a diagnosis, and a prognosis. Medical reports may consist of completed medical provider, workers' compensation, or insurance forms that provide the information required by this paragraph; and

(2) duly executed and acknowledged written authorizations permitting all parties to obtain and make copies of all hospital records and such other records, including X-ray and technicians' reports, as may be referred to and identified in the reports of those medical providers who have treated or examined the party seeking recovery.

(c) Copies of the reports of the medical providers making examinations pursuant to this section shall be served on all other parties within 45 days after completion of the examination. These shall comply with the requirements of paragraph (b)(1) of this section.

(d) In actions where the cause of death is in issue, each party shall serve upon all other parties copies of the reports of all treating or examining medical providers whose testimony will be offered at the trial, complying with the requirements of paragraph (b)(1) of this section, and the party seeking to recover shall deliver to all other parties authorizations to examine and obtain copies of all hospital records, autopsy or post-mortem reports, and such other records as provided in paragraph (b)(2). Copies of these reports and the required authorizations shall be served and delivered with the bill of particulars by the party seeking to recover. All other parties shall serve copies of the reports of their medical providers within 45 days thereafter. In any case where the interests of justice will not be promoted by service of such reports and delivery of such authorizations, an order dispensing with either or both may be obtained.

(e) Parties relying solely on hospital records may so certify in lieu of serving medical providers' reports.

(f) No case otherwise eligible to be noticed for trial may be noticed unless there has been compliance with this rule, or an order dispensing with compliance or extending the time therefor has been obtained; or, where the party to be examined was served a notice as provided in subdivision (a) of this section, and the party so served has not responded thereto.

(g) In the event that the party examined intends at the trial to offer evidence of further or additional injuries or conditions, nonexistent or not known to exist at the time of service of the original medical reports, such party shall, within 30 days after the discovery thereof, and not later than 30 days before trial, serve upon all parties a supplemental medical report complying with the requirements of paragraph (b)(1) of this section, and shall specify a time not more than 10 days thereafter and a place at which a further examination may be had. Further authorizations to examine and make copies of additional hospital records, other records, X-ray or other technicians' reports as provided in paragraph (b)(2) of this section must also be delivered with the medical reports. Copies of the reports of the examining medical providers, complying with the requirements of subdivision (c) of this section, shall be served within 10 days after completion of such further examination. If any party desires at the trial to offer the testimony of additional treating or examining medical providers, other than whose medical reports have been previously exchanged, the medical reports of such medical providers, complying with the requirements of paragraph (b)(1) of this section shall be served upon all parties of at least 30 days before trial.

(h) Unless an order to the contrary is made or unless the judge presiding at the trial in the interests of justice and upon a showing of good cause shall hold otherwise, the party seeking to recover damages shall be precluded at the trial from offering in evidence any part of the hospital records and all other records, including autopsy or post-mortem records, X-ray reports or reports of other technicians' not made available pursuant to this rule, and no party shall be permitted to offer any evidence of injuries or conditions not set forth or put in issue in the respective medical reports previously exchanged, nor will the court hear the testimony of any treating or examining medical providers whose medical reports have not been served as provided by this rule.

(i) Orders transferring cases pending in other courts which are subject to the provisions of this section, whether or not such cases are consolidated with cases pending in the court to which transferred, shall contain such provisions as are required to bring the transferred cases into compliance with this rule.

(j) Any party may move to compel compliance or to be relieved from compliance with this rule or any provision thereof, but motions directed to the sufficiency of medical reports must be made within 20 days of receipt of such reports. All motions under this rule may be made on affidavits of attorneys, shall be made on notice, returnable at the appropriate motion part and shall be granted or denied on such terms as to costs, calendar position and dates of compliance with any provision of this rule as the court in its discretion shall direct.

(k) Where an examination is conducted on consent prior to the institution of an action, the party to be examined shall deliver the documents specified in paragraphs (b)(1) and (2) of this section, and the report of the examining medical provider shall be delivered as provided in subdivision (c) of this section. In that event, examination after institution of the action may be waived. The waiver, which shall recite that medical reports have been exchanged and that all parties waive further physical examination, shall be filed with the note of issue. This shall not be a bar, however, to proceeding under subdivision (g) of this section in a proper case.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed May 4, 1998 eff. April 17, 1998. Amended (a)-(e), (g)-(h), (k).

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Section 210.14 Defaults.

At any scheduled call of a calendar or at any conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge may note the default on the record and enter an order as follows:


(1) if the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest;

(2) if the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross-claims; or

(3) if no party appears, the judge may make such order as appears just.


Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.15 Transfer of actions.

Actions transferred from the Supreme Court or County Court to a City Court shall be placed in such order and relative position on the appropriate calendars that they will be reached for trial insofar as practicable, as if a notice of trial had originally been filed in the City Court for the same date as that for which the notice of issue was filed in the Supreme Court or County Court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.16 Discontinuance of civil actions.

In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance. If the action has been noticed for judicial activity within 20 days of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity.

Historical Note
Sec. filed Jan. 9, 1986; repealed, new filed April 27, 1993 eff. April 14. 1993.

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Section 210.17 Notice of trial where all parties appear by attorney.

(a) The notice of trial filed by any party pursuant to UCCA 1301 shall be accompanied by a certificate of readiness, with proof of service on all parties in the form prescribed by this section. The notice of trial shall include the index number, the name of the judge to whom the action is assigned, name, office address and telephone number of each attorney and pro se party who has appeared, and the name of any insurance carrier acting on behalf of any party.

(b) Within 20 days after service of such notice of trial, any party may move to vacate the notice. The affidavit in support of the application must specify the reason for vacating the notice.

(c) After any notice of trial has been filed pursuant to this rule, no pretrial examination or other preliminary proceedings may be had, except that if some unusual or unanticipated conditions subsequently develop which make it necessary that further pretrial examination or further preliminary proceedings be had, and if without them the moving party would be unduly prejudiced, the court may make an order granting permission to conduct such examination or proceedings and prescribing the time therefor. Such an order may be made only upon motion on notice showing in detail, by affidavit, the facts claimed to entitle the moving party to relief under this subdivision.

(d) Where a party filing a notice of trial, in a medical malpractice action or an action against a municipality, seeking a sum of money only, is prohibited by the provisions of CPLR 3017(c) from stating in the pleadings the amount of damages sought in the action, the party shall indicate in the notice of trial whether the amount of damages exceeds $6,000, exclusive of costs and interest. If it does not, the party shall also indicate if it exceeds $2,000, exclusive of costs and interest.

(e) The certificate of readiness shall read substantially as follows:

CERTIFICATE OF READINESS FOR TRIAL
(Items 1-5 must be checked)
   
Complete
Waived
Not
Required
1.
All pleadings served.      
2.
Bill of particulars served.      
3.
Physical examinations completed.      
4.
Medical reports exchanged.      
5.
Discover proceedings now known to be
necessary completed.
     
6.
There are no outstanding requests for
discovery.
     
7.
There has been a reasonable
opportunity to complete the
foregoing proceedings.
     
8.
There has been compliance with any order issued pursuant to section
210.11 of the Rules of the Chief
Administrator(22 NYCRR 210.11).
     
9.
The case is ready for trial.
Dated:______________________________________
(Signature)__________________________________
Attorney(s) for:______________________________
Office and P.O. address:______________________
 

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.18 Calendars.

(a) A judge to whom cases are assigned under the individual assignment system may establish such calendar of cases as the judge shall deem necessary or desirable for proper case management.

(b) Continuous calendars. In any court not continuously in session, the calendars at the close of one term or session of court shall be used to open the following term or session, and actions on the calendars shall retain their positions.

(c) Military calendar. A military calendar shall be utilized to hold in suspense an action that cannot reasonably be tried because a party or a witness necessary upon the trial is in military service and is not presently available for trial, and a deposition cannot be taken, or, if taken, would not provide adequate evidence.

(d) Calendar progression. With due regard to the requirements of statutory preferences and of section 210.20 of this Part, when actions are advanced from one calendar to another they shall progress from the head of one calendar to the foot of the next calendar, and otherwise progress in order, insofar as practicable, unless otherwise determined by the court.

(e) Call of calendars. Judges to whom actions and proceedings are assigned pursuant to the individual assignment system may schedule calls of any calendars they have established at such times as they deem appropriate.

(f) Readiness for trial. When an action has been announced "ready" but a trial is not immediately available, counsel may arrange with the judge to be summoned by telephone, provided they agree to hold themselves available and to appear on one hour's notice, or at such other time as he court may order, at the time assigned for trial.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.19 [Reserved]

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Section 210.20 Special preferences.

(a) Any party claiming a preference under CPLR 3403 may apply to the court in the manner prescribed by that rule, the note of issue therein referred to being deemed a reference to a notice of trial.

(b) Counterclaims and cross-claims. A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff's right to a preference under this section.

(c) Result of preference being granted. If a preference is granted, the action shall be placed ahead of all nonpreferred pending cases, as directed by the court, unless the court otherwise orders.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.21 Objections to applications for special preference.

(a) Within 20 days of the filing of the notice of trial, if the notice of motion for a special preference is filed therewith, or within 10 days of the service of a notice of motion to obtain a preference if served and filed subsequent to service and filing of the notice of trial, any other party may serve upon all other parties and file with the court affidavits and other relevant papers, with proof of service, in opposition to granting the preference. In the event such opposing papers are filed, the party applying for the preference may, within five days thereafter, serve and file in like manner papers in rebuttal.

(b) In any action which has been accorded a preference in trial upon a motion, the court shall not be precluded, on its own motion at any time thereafter, from ordering that the action is not entitled to a preference under these rules.

(c) Notwithstanding the failure of any party to oppose the application, no preference shall be granted by default unless the court finds that the action is entitled to a preference.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.22 Pretrial and prearbitration conference.

After the filing of a notice of trial and certificate of readiness in any action, the judge shall order such pretrial and prearbitration conferences as required by the needs of the court. The attendance of attorneys who are familiar with the case and who are authorized to act shall be required. The court may also require the attendance of parties and, in the event of failure of attendance by attorneys or parties, the court shall have the same powers with respect to dismissals, defaults, or both as it might exercise when a case is reached for trial. Upon the pretrial of an action, the judge shall consider with counsel and parties the simplification and limitation of the issues and the obtaining of admissions of facts and of documents to avoid unnecessary proof, as well as the ultimate disposition of the action by settlement or compromise.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.23 to 210.24 [Reserved]

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Section 210.25 Engagement of counsel.

No adjournment shall be granted on the ground of engagement of counsel except in accordance with Part 125 of the Rules of the Chief Administrator of the Courts (22 NYCRR Part 125).

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.26 [Reserved]

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Section 210.27 Submission of papers for trial.

(a) Upon the trial of an action, the following papers, if not yet submitted, shall be submitted to the court by the party who has filed the notice of trial:

(1) copies of all pleadings marked as required by CPLR 4012;

(2) a copy of any statutory provision in effect at the time the cause of action arose upon which either the plaintiff or the defendant relies; and

(3) a copy of the bill of particulars, if any.

(b) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.28 Absence of attorney during trial.

All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate, unless excused by the judge presiding. The court may permit counsel to leave, provided counsel remain in telephone contact with the court. Any counsel not present during the jury deliberation, further requests to charge, or report of the jury verdict shall be deemed to stipulate that the court may proceed in his or her absence and to waive any irregularity in proceedings taken in his or her absence.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.29 to 210.30 [Reserved]

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Section 210.31 Restoration after jury disagreement, mistrial or order for new trial.

An action in which there has been an inability by a jury to reach a verdict, a mistrial or a new trial granted by the trial judge or an appellate court shall be rescheduled for trial. Where a new trial is granted by an appellate court, a notice to reschedule shall be filed with the appropriate clerk.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.32 Damages, inquest after default; proof.

(a) In an inquest to ascertain damages upon a default pursuant to CPLR 3215, if the defaulting party fails to appear in person or by representative, the party entitled to judgment, whether a plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim, shall be permitted to submit, in addition to the proof required by CPLR 3215(e), properly executed affidavits as proof of damages.

(b) In any action where it is necessary to take an inquest before the court, the party seeking damages may submit the proof required by oral testimony of witnesses in open court or by written statements of the witnesses, in narrative or question-and-answer form, signed and sworn to.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.33 Submission of orders, judgments and decrees for signature.

(a) Proposed orders or judgments, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the court, within 60 days after the signing and filing of the decision directing that the order be settled or submitted.

(b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown.

(c)

(1) When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, returnable at the office of the clerk of the court in which the order or judgment was granted, or before the judges if the court has so directed or if the clerk is unavailable, shall be served on all parties either:

(i) by personal service not less than five days before the date of settlement; or

(ii) by mail not less than 10 days before the date of settlement.

(2) Proposed counterorders or judgments shall be made returnable on the same date and at the same place, and shall be served on all parties by personal service, not less than two days, or by mail, not less than seven days, before the date of settlement.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.34 to 210.35 [Reserved]

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Section 210.36 Infants' and incapacitated persons' claims and proceedings.

The settlement of an action by an infant or judicially declared incapacitated person (including an incompetent or conservatee) shall comply with CPLR 1207 and 1208, section 202.67 of the Rules of the Chief Administrator (22 NYCRR 202.67) and, in the case of an infant, with section 474 of the Judiciary Law.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Sept. 22, 1993 eff. Sept. 3, 1993.

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Section 210.37 Executions.

(a) No execution may be issued against any party who has appeared by an attorney in an action or proceeding, unless a copy of the judgment has been duly served upon the attorney for such party.

(b) No execution may be issued against any party who has appeared in person in any action and who defaults in answering either the original or an amended or supplemental complaint unless a copy of the judgment has been duly served upon such party personally or mailed to such party by certified mail at the address stated in the notice of appearance or in the last pleading or paper filed by the party with the clerk or at the address last furnished by the party to the clerk in writing.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.38 Appeals.

(a) A notice of appeal shall not be accepted for filing without proof of service upon all parties.

(b) All papers which are to be included in the return on appeal and prepared by the appellant as required by the applicable provisions of the CPLR, shall be furnished by the appellant to the clerk at the time of filing the notice of settlement provided in section 1704 of the UCCA.

(c) In the case of the death, disability or prolonged absence from the city of the judge before whom the action was tried, the return on appeal may be settled by any judge authorized by the Chief Administrator of the Courts with the same force and effect as if he had tried the case.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.39 Procedures for the enforcement of money judgments under CPLR article 52.

(a) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, in connection with the enforcement of money judgments, as well as adjournments thereof if made returnable in the court, shall be returnable in the appropriate motion part of each City Court.

(b) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, if made returnable in the court, shall be filed with the clerk of the appropriate motion part, with proper affidavits of service, at least two court days before the return day, except where service was made too late for filing within such time, in which event filing before the hour of the return shall suffice and the clerk shall list all such upon the calendar. Stipulations of adjournments, if attendance in court on the adjourned date is required, shall be similarly filed. Unless so filed, the names of the parties shall not be called; nor shall any such names be called unless they appear on a written or typewritten calendar. The judge presiding may, upon proper proof by affidavit showing good cause for the failure to file in accordance with this rule, add any matter to the calendar.

(c) No adjournment of an examination shall be valid unless reduced to writing and a copy thereof delivered to the judgment debtor or other person, including a garnishee, at the time of such adjournment, and his acknowledgment of the receipt thereof is endorsed on the original.

(d) There shall be no more than two adjournments of the examination of a judgment debtor or other person, including a garnishee, unless such additional adjournment is approved and such approval is noted on the papers by the judge presiding at a motion part.

(e) No motion shall be made upon the basis of any testimony taken in examinations unless and until such testimony has been reduced to writing and unless and until there has been compliance with the requirements of CPLR 5224(e).

(f) Every subpoena or other process providing for the examination of a judgment debtor or other person, including a garnishee, in addition to the other requirements of CPLR 5223, shall have endorsed on its face, in bold type, the words: "This subpoena or process (as the case may be) requires your personal appearance at the time and place specified. Failure to appear may subject you to fine and imprisonment for contempt of court."

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.40 Arbitration.

(a) Alternative method of dispute resolution by arbitration. Where the Chief Administrator of the Courts has established this arbitration program, Part 28 of the Rules of the Chief Judge (22 NYCRR Part 28) shall control the proceedings.

(b) Where the parties agree to arbitrate a claim under UCCA 206, arbitration proceedings shall be conducted in accordance with CPLR article 75.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.41 Small claims procedure.

(a) A small claims action shall be instituted by a plaintiff or someone on his or her behalf paying the filing fee as provided in UCCA 1803, and by supplying to the clerk the following information:

(1) plaintiff's name and residence address;

(2) defendant's name and place of residence, or place of business or employment; and

(3) the nature and amount of the plaintiff's claim, giving dates and other relevant information.

(b) The clerk shall reduce this information to a written statement, on a form provided therefor and shall record it in his office. The statement shall be in nontechnical, concise and simple language, and shall be signed by the person who shall have supplied the information contained therein.

(c) The clerk shall give to the person who signed the statement a memorandum of the time and place set for the hearing, which shall be as soon as practicable, and shall advise such person to produce at the hearing supporting witnesses, account books, receipts or other documents required to establish the claim.

(d) Within five days after the action is recorded, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, addressed to one or more of the addresses supplied as shall be deemed necessary, a signed notice bearing the seal of the court, which shall be in substantially the following form:

CITY COURT OF THE CITY OF ......................................

COUNTY OF .............................................................

SMALL CLAIMS PART

TO: .......................................................................

Take Notice that.................. asks judgment in this Court against you for $.............together with costs, upon the following claim:

.......................................................................
.......................................................................
.......................................................................

There will be a hearing before the Court upon this claim on....., 19....., at ..... o' clock ..... M., in the Small Claims Part, held at ...............................

You must appear and present your defense and any counterclaim you may desire to assert at the hearing at the time and place above set forth (a corporation must be represented by an attorney or any authorized officer, director or employee). IF YOU DO NOT APPEAR, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT EVEN THOUGH YOU MAY HAVE A VALID DEFENSE. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. The Clerk, if requested, will issue subpoenas for witnesses, without fee thereof.

If you wish to present a counterclaim against the claimant, you must do so by filing with the Clerk of the Court a statement containing such counterclaim within five days of receiving this notice of claim. At the time of such filing you must pay the Clerk a filing fee of $3.00 plus the cost of postage to send your counterclaim by first class mail to the claimant. If you fail to file a counterclaim within this five- day period, you retain the right to file the counterclaim until the time of the hearing, but the claimant may request and obtain an adjournment of the hearing to a later date.

If you admit the claim, but desire time to pay, you must appear personally on the day set for the hearing and state to the Court your reasons for desiring time to pay.

Dated: ....., 20.....

________________________________
Clerk

A Guide to Small Claims Court is available at the court listed above.

NOTE: If you desire a jury trial, you must, before the day upon which you have been notified to appear, file with the Clerk of the Court a written demand for a trial by jury. You must also pay to the clerk a jury fee of $55 and file an undertaking in the sum of $50, or deposit such sum in cash to secure the payment of any costs that may be awarded against you. You will also be required to make an affidavit specifying the issues of fact which you desire to have tried by a jury and stating that such trial is desired and demanded in good faith.

Under the law, the Court may award $25 additional costs to the plaintiff if a jury trial is demanded by you and a decision is rendered against you.

(e) The clerk shall note, on the statement referred to in subdivision (a) of this section, the date on which the notice was mailed and the address, the date of delivery shown by the return receipt and the name of the addressee or agent signing the receipt.

(f) If service of notice cannot be effected upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice.

(1) Where all parties appear by attorneys, the case may by transferred to a regular part of court, and the claimant shall pay any additional filing fees required by law. If the claimant fails or refuses to pay such filing fees, the court shall dismiss the case.

(g) Unless the court shall otherwise order, a defendant to whom notice was duly given who fails to appear at the hearing on the day and time fixed, either in person or by attorney, shall be held to be in default, except that no default shall be ordered if the defendant or his attorney appear within one hour after the time fixed.

(h) If at the hearing it shall appear that the defendant has a counterclaim in an amount within the jurisdiction of the part for the hearing of small claims, the judge may either proceed forthwith to hear the entire case or may adjourn the hearing for a period of not more than 20 days, or as soon thereafter as may be practicable, at which adjourned time the hearing of the entire case shall be had. An adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim.

(i) An oath or affirmation shall be administered to all witnesses. The court shall conduct the hearing in such manner as it deems best suited to discover the facts and to determine the justice of the case. If the plaintiff, or an attorney in his or her behalf, does not appear at the time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant, or make such other disposition as it may deem proper.

(j) Where, after a claim is filed with the clerk, either party to the action desires to implead one or more additional defendants, the clerk shall, upon receipt of the proper fees, issue and mail a notice of claim to each additional defendant under the procedure set forth above.

(k) The undertaking to be filed by a defendant desiring a jury trial shall be in the form prescribed by the relevant provisions of article 25 of the CPLR.

(l) All motions pertaining to small claims shall be made returnable at a part and session appointed for the hearing of small claims, except that a motion to remove a case from the small claims part shall be assigned to a judge in the manner authorized by the Chief Administrator.

(m) There may be arbitration of any small claims controversy.

(1) The parties to any controversy, except infants and incompetents, may submit the same for arbitration to any attorney, duly appointed as a small claims arbitrator by the administrative judge of the court, so assigned for such duty at that term of the court and upon whom they shall agree.

(2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. The consent must be filed with the clerk of the small claims part.

(3) The arbitrator shall forthwith proceed to hear the controversy. He or she shall not be bound by the rules regarding the admissibility of evidence, but all testimony shall be given under oath or affirmation. Either party may be represented by counsel, but no record of the proceeding before the arbitrator shall be kept. No expense shall be incurred by the arbitrator except upon the consent in writing of the parties.

(4) After the first hearing, neither party may withdraw from the arbitration unless both parties consent to, or the arbitrator directs, a discontinuance of the proceeding.

(5) The arbitrator shall make an award in writing and file the same forthwith, together with his or her opinion, if any, with the clerk of the small claims part. Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days.

(6) No fees or disbursements of any kind shall be demanded or received except as hereinabove provided.

(n) The court or a supervising judge thereof may transfer a small claim to any other part of the court for the purpose of subjecting such claim to arbitration pursuant to Part 28 of this Title and rule 3405 of the CPLR. In the event a trial de novo is demanded pursuant to Part 28, the transfer shall be deemed rescinded and the claim shall be heard in the small claims part of the court no later than 30 days after the demand is made unless thereafter it is transferred to any other part of court pursuant to law.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Dec. 28, 1988; Sept. 23, 1991; Jan. 26, 1995; Feb. 2, 1995; March 23, 1995; Aug. 20, 1996; Sept. 10, 2001 eff. Aug. 30, 2001. Amended (d).

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Section 210.41-a Commercial claims procedure.

(a) A commercial claims action may be brought by a claimant that is:

(1) a corporation, including a municipal or public benefit corporation, partnership, or association, which has its principal office in the State of New York, or

(2) an assignee of any commercial claim, subject to the restrictions set forth in UCCA 1809-A. The action shall be instituted by the claimant or someone on its behalf by paying the filing fee and the cost of sending the notice of claim as provided in UCCA 1803-A and by filing and signing a written application containing the following information:

(i) claimant's name and principal office address;

(ii) defendant's name and place of residence or place of business or employment;

(iii) the nature and amount of the claim, including dates and other relevant information; where the claim arises out of a consumer transaction (one where the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes), information showing that the transaction is a consumer transaction;

(iv) a certification that not more than five claims have been instituted in the courts of this State in the calendar month; and

(v) in the case of a commercial claim arising out of a consumer transaction, a certification that the claimant has mailed a demand letter, containing the information set forth in UCCA section 1803-A, no less than 10 days and no more than 180 days prior to the commencement of the claim.

(b) Unless the clerk shall require the claimant, pursuant to UCCA 1810-A, to apply to the court for leave to prosecute the claim in a commercial claims part, the clerk shall reduce to a concise written form and record in a special docket the information contained in the application, and shall give to the person who signed the statement a memorandum of the time and place set for the hearing, which shall be as soon as practicable and shall advise such person to produce at the hearing supporting witnesses, account books, receipts or other documents required to establish the claim. The clerk shall advise the claimant of the right of the claimant or the defendant to request an evening hearing, which shall not be so scheduled if it would cause unreasonable hardship to either party, and the clerk shall schedule the hearing so as to minimize the defendant's time away from employment. In the case of a commercial claim arising out of a consumer transaction, the clerk shall mark the claim conspicuously as a consumer transaction and shall record it in the docket marked as a consumer transaction.

(c) Within five days after the action is filed, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, at one of the addresses required by UCCA §1803-A, as shall be deemed necessary, a signed notice bearing the seal of the court, which shall be in substantially the following form:

CITY COURT OF THE CITY OF ___________________________________

COUNTY OF ___________________________________________________

COMMERCIAL CLAIMS PART

TO: ___________________

Take Notice that ____ asks judgment in this Court against you for $ ____ together with costs, upon the following claim:

______________________________________________________________

______________________________________________________________

______________________________________________________________
There will be a hearing before the Court upon this claim on ____, 19 ____, at ____ o' clock ____ M, in the Commercial Claims Part, held at _______________.

You must appear and present your defense and any counterclaim you may desire to assert at the hearing at the time and place above set forth. (You may request that the hearing be scheduled during evening hours if you do so within 14 days of receipt of this notice.) IF YOU DO NOT APPEAR, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT EVEN THOUGH YOU MAY HAVE A VALID DEFENSE. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. The Clerk, if requested, will issue subpoenas for witnesses, without fee thereof.

If you wish to present a counterclaim against the claimant, you must do so by filing with the Clerk of the Court a statement containing such counterclaim within five days of receiving this notice of claim. At the time of such filing you must pay the Clerk a filing fee of $3.00 plus the cost of postage to send your counterclaim by first class mail to the claimant. If you fail to file a counterclaim within this five- day period, you retain the right to file the counterclaim until the time of the hearing, but the claimant may request and obtain an adjournment of the hearing to a later date.

If you admit the claim, but desire time to pay, you must appear personally on the day set for the hearing and state to the Court your reasons for desiring time to pay.

Read the attached sheet for more information.

Dated: ____, 20____

  _________________________
  Clerk

A Guide for Commercial Claims Court is available at the court listed above.

NOTE: If you desire a jury trial, you must, before the day upon which you have been notified to appear, file with the Clerk of the Court a written demand for a trial by jury. You must also pay to the clerk a jury fee of $55 and file an undertaking in the sum of $50 or deposit such sum in cash to secure the payment of any costs that may be awarded against you. You will also be required to make an affidavit specifying the issues of fact which you desire to have tried by a jury and stating that such trial is desired and demanded in good faith.

Under the law, the court may award $25 additional costs to the plaintiff if a jury trial is demanded by you and a decision is rendered against you.

(d) The clerk shall note on the application the date on which the notice was mailed and the address, the date of delivery shown by the return receipt, and the name of the addressee or agent signing the receipt.

(e) If, after the expiration of 21 days (30 days in the case of a commercial claim arising out of a consumer transaction) from the date the notice was mailed, the ordinary first class mailing has not been returned as undeliverable, the defendant shall be presumed to have received notice of the claim.

(f) If service of notice cannot be made upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice.

(1) Where all parties appear by attorneys, the case may be transferred to a regular part of court, and the claimant shall pay any additional filing fees required by law. If the claimant fails or refuses to pay such filing fees, the court shall dismiss the case.

(g) Unless the court shall otherwise order, a defendant to whom notice was duly given who fails to appear, either in person or by attorney, at the hearing on the day and time fixed, shall be held to be in default, except that no default shall be ordered if the defendant or his or her attorney appears within one hour after the time fixed. Notice of the default judgment, containing the information set forth in UCCA section 1807-A, shall be mailed by first class mail to the claimant and the defendant. The defaulting party may apply to have the default vacated by submitting a written request to the court; proceedings on default shall be governed by, but not limited to, section 5015 of the CPLR.

(h) If at the hearing it shall appear that the defendant has a counterclaim in an amount within the jurisdiction of the part for the hearing of small claims, the judge may either proceed forthwith to hear the entire case or may adjourn the hearing for a period of not more than 20 days or as soon thereafter as may be practicable, at which adjourned time the hearing of the entire case shall be had. An adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim.

(i) An oath or affirmation shall be administered to all witnesses. The court shall conduct the hearing in such manner as it deems best suited to discover the facts and to determine the justice of the case. If the claimant, or an attorney in his or her behalf, does not appear at the time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant, or make such other disposition as it may deem proper.

(j) Where, after a claim is filed with the clerk, either party to the action desires to implead one or more additional defendants, the clerk shall, upon receipt of the proper fees, issue and mail a notice of claim to each additional defendant under the procedure set forth above.

(k) The undertaking to be filed by a defendant desiring a jury trial shall be in the form prescribed by the relevant provisions of article 25 of the CPLR.

(l) All motions pertaining to commercial claims shall be made returnable at a part and session appointed for the hearing of commercial claims, except that a motion to remove a case from the commercial claims part shall be assigned to a judge in the manner authorized by the Chief Administrator.

(m) There may be arbitration of any commercial claims controversy.

(1) The parties to any controversy, except infants and incompetents, may submit the same for arbitration to any attorney, duly appointed as a commercial claims arbitrator by the administrative judge of this court, so assigned for such duty at that term of the court and upon whom they shall agree.

(2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. The consent must be filed with the clerk of the commercial claims part.

(3) The arbitrator shall forthwith proceed to hear the controversy. He or she shall not be bound by the rules regarding the admissibility of evidence, but all testimony shall be given under oath or affirmation. Either party may be represented by counsel, but no record of the proceeding before the arbitrator shall be kept. No expense shall be incurred by the arbitrator except upon the consent in writing of the parties.

(4) After the first hearing, neither party may withdraw from the arbitration unless both parties consent to, or the arbitrator directs, a discontinuance of the proceeding.

(5) The arbitrator shall make his or her award in writing and file the same forthwith, together with an opinion, if any, with the clerk of the commercial claims part. Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days.

(6) No fees or disbursements of any kind shall be demanded or received except as hereinabove provided.

(n) The court or a supervising judge thereof may transfer a commercial claim to any other part of the court for the purpose of subjecting such claim to arbitration pursuant to Part 28 of this Title and rule 3405 of the CPLR. In the event a trial de novo is demanded pursuant to Part 28, the transfer shall be deemed rescinded and the claim shall be heard in the commercial claims part of the court no later than 30 days after the demand is made unless thereafter it is transferred to any other part of court pursuant to law.

Historical Note
Sec. added by renum. 210.415, Oct. 1990; amds. filed: Oct. 29, 1990; Jan. 31, 1995; Aug. 20, 1996; April 11, 1997; Sept. 10, 2001 eff. Aug. 30, 2001. Amended (c).

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Section 210.42 Proceedings under article 7 of the Real Property Actions and Proceedings Law.

(a) Such proceedings involving residential property shall be commenced in the City Court in which the real property or portion thereof is located. No default shall be noted until at least one hour after the hour when the proceeding is called.

(b) The following form is set forth as an example of the notice of petition (the provisions relating to the demand for a money judgment should be omitted unless the petition so demands):

CITY COURT OF THE CITY OF __________
 
  )  
Petitioner
)
NOTICE OF
Address
)
PETITION
-against-
)
  )  
Respondent
)  
Address
)
  )  

To the respondents ____ above named and described, in possession of the premises hereinafter described or claiming possession thereof:

PLEASE TAKE NOTICE that a hearing at which you must appear will be held at the City Court of the City of____, ____ District, to be held at ____, City of ____, County of ____ , on the____day of____, 19____ , at____ am/pm, which prays for a final judgment of eviction, awarding to the petitioner the possession of premises designated and described as follows: the____ rooms on the____ floor, Apartment No____, ____Street, City of____ in the County of____, and further granting to the petitioner such other and further relief as is demanded in the petition, which you must answer.

TAKE NOTICE also that demand is made in the petition herein for judgment against you, the respondent, for the sum of $____, with interest thereon from____, 19____

TAKE NOTICE that your answer may set forth any defense or counterclaim you may have against the petitioner.

TAKE NOTICE also that if you shall fail at such time to interpose and establish any defense that you may have to the allegations of the petition, you may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action.

TAKE NOTICE that your failure to appear and answer may result in final judgment by default for the petitioner in the amount demanded in the petition.

Dated: County of ____, the____ day of ____, 19____

____________________
Attorney(s) for Petitioner
Office and Post Office Address
Telephone Number

  ______________________________
 
Clerk

(c) At the option of the petitioner, on condition that he or she serve the notice of petition at least eight days prior to the return day, the following paragraph may be inserted in the foregoing notice of petition immediately after the paragraph which sets forth the amount of money for which demand is made in the petition:

TAKE NOTICE also that your answer may be made at the time of hearing specified above unless this Notice of Petition is served upon you on or before the..... day of ....., 19....., in which event you must answer at least three (3) days before the petition is noticed to be heard, either orally before the clerk of the court at his or her office or in writing by serving a copy thereof upon the undersigned attorney for the petitioner*, and by filing the original of such written answer with proof of service thereof in the office of the clerk at least three (3) days before the time the petition is noticed to be heard; in addition thereto, you must appear before the court at the time and place hereinabove set forth for the hearing.

*If the petitioner appears in person, strike out the words "undersigned attorney for the."

(d) At the time of the issuance of a notice of petition by a judge or the clerk, or an order to show cause by the judge, in a summary proceeding to recover possession of real property, a copy of such order to show cause or notice of petition shall be filed with the clerk. The original papers with proof of service thereof shall be filed with the clerk within the time specified by statute.

(e) Where a part exists to hear proceedings brought pursuant to this section, an action noticed to be heard on a day when a judge is not assigned to the part shall not be accepted for filing. The papers shall be returned to the attorney with a notification as to the days on which a judge is assigned.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

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Section 210.43 Powers of clerks.

In accordance with UCCA 105(a), the following shall each have the power to administer oaths, take acknowledgments and sign the process or mandate of the court:

(a) clerks;

(b) deputy clerks;

(c) assistant clerks;

(d) any other nonjudicial person designated by order of the Chief Administrator of the Courts.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 9, 1986

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Section 210.415 [Renumbered]

Historical Note
Sec. filed Dec. 23, 1988; renum. 210.41-a, Oct. 1990.