reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.43 - Rules of the housing part

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) There shall be a housing part for the
				  hearing of all actions and proceedings in all matters arising under section 110
				  of the NYCCCA.
(b) All
				  rules of the Civil Court shall apply to the housing part whenever practicable,
				  except when otherwise provided by statute or as otherwise provided in this
				  section.
(c) There
				  shall be paid to the clerk the following sums as a fee in an action or
				  proceeding in the housing part:
(1) upon the request of a tenant for an
				  order directing the owner to correct the violation and to impose a penalty for
				  failure to comply timely with the order--$20;
(2) upon the issuance of a petition by a
				  landlord for the removal of housing violations--$20.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.1 - Application of Part; waiver; additional rules; application of UCCA; definitions

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.2 - Terms and parts of court

Current through Register Vol. 46, No. 28, July
				  10, 2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.3 - Individual assignment system; structure

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.4 - Papers Filed in Court

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) 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 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. In addition, every paper filed in court, other than an
				  exhibit or printed form, shall contain writing on one side only, except that
				  papers that are fastened on the side may contain writing on both sides. Papers
				  that are stapled or bound securely shall not be rejected for filing simply
				  because they are not bound with a backer of any kind.
(b) Omission or Redaction of
				  Confidential Personal Information in Civil Actions and Proceedings.
(1) Except for any action or
				  proceeding arising under the Vehicle and Traffic Law, or prosecution of a
				  violation of an ordinance of a city, town or village, or in a petition for
				  change of name under the Civil Rights Law, or as otherwise provided by rule or
				  law or court order, and whether or not a sealing order is or has been sought,
				  the parties shall omit or redact confidential personal information in papers
				  submitted to the court for filing. For purposes of this rule, confidential
				  personal information ("CPI") means:
i. the taxpayer identification number of
				  an individual or an entity, including a social security number, an employer
				  identification number, and an individual taxpayer identification number, except
				  the last four digits thereof;
ii. the date of an individual's birth,
				  except the year thereof;
iii. the full name of an individual
				  known to be a minor, except the minor's initials; and
iv. a financial account number,
				  including a credit and/or debit card number, a bank account number, an
				  investment account number, and/or an insurance account number, except the last
				  four digits or letters thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.5 - Submission of papers to judge

Current through Register Vol. 46, No.
				  28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.7 - Pleadings

Current through Register Vol. 46, No. 28, July 10,
				  2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.8 - Calendaring of motions; uniform notice of motion form

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(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:
CITY COURT OF THE CITY OF
COUNTY OF ________
............ x
A. B., Notice of Motion
Plaintiff, Index No.
-against-
_____________
Name of Assigned Judge
C. D., Oral argument is requested [ ]
check box if requested)
Defendant.
............ X
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)
............
Attorney1 (or Attorney in charge of case if
					 law firm) for moving party
Address:
Telephone number:
(Print Name)
TO: ............
Attorney1 for (other party)
Address:
Telephone number:
(Print Name)
............
Attorney1 for (other party)
Address:
Telephone number:
________
1 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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.9 - Motion procedure

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.10 - Preliminary conference

Current through Register Vol. 46, No. 28,
				  July 10, 2024
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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.12 - Videotape recording of depositions

Current through Register Vol.
				  46, No. 28, July 10, 2024
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).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.13 - Exchange of medical reports in personal injury and wrongful death actions

Current through Register Vol. 46, No. 28, July 10,
				  2024
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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.14 - Defaults, dismissals and restoration

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) 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 strike the action
				  from the trial calendar; or
(3) if no party appears, the judge may
				  make such order as appears just.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.14-a - Proof of default judgement in consumer credit matters (Uniform Civil Rules for the City Courts Outside the City of New York)

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
(1) For purposes of this section a
consumer credit transaction
means a revolving or open-end
				  credit transaction wherein credit is extended by a financial institution, which
				  is in the business of extending credit, to an individual primarily for
				  personal, family or household purposes, the terms of which include periodic
				  payment provisions, late charges and interest accrual. A consumer credit
				  transaction does not include debt incurred in connection with, among others,
				  medical services, student loans, auto loans or retail installment
				  contracts.
(2)
Original creditor
means the financial institution that owned
				  the consumer credit account at the time the account was charged off, even if
				  that financial institution did not originate the account.
Charged-off
				  consumer debt
means a consumer debt that has been removed from an
				  original creditor's books as an asset and treated as a loss or
				  expense.
(3)
Debt buyer
means a person or entity that is regularly engaged
				  in the business of purchasing charged-off consumer debt for collection
				  purposes, whether it collects the debt itself, hires a third party for
				  collection, or hires an attorney for collection litigation.
(4)
Credit
				  agreement
means a copy of a contract or other document governing the
				  account provided to the defendant evidencing the defendant' s agreement to the
				  debt, the amount due on the account, the name of the original creditor, the
				  account number, and the name and address of the defendant. The charge-off
				  statement or the monthly statement recording the most recent purchase
				  transaction, payment or balance transfer shall be deemed sufficient evidence of
				  a credit agreement.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.15 - Transfer of actions

Current through Register Vol. 46, No. 28, July
				  10, 2024
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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.16 - Discontinuance of civil actions

Current through Register Vol. 46, No.
				  28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.18 - Calendars

Current through Register Vol. 46, No. 28, July 10,
				  2024
(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 the court may order, at the time assigned for trial.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.20 - Special preferences

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.21 - Objections to applications for special preference

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.22 - Pretrial and prearbitration conference

Current through Register
				  Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.25 - Engagement of counsel

Current through Register Vol. 46, No. 28, July
				  10, 2024
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).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.27 - Submission of papers for trial

Current through Register Vol. 46, No.
				  28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.28 - Absence of attorney during trial

Current through Register Vol.
				  46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.31 - Restoration after jury disagreement, mistrial or order for new trial

Current through Register Vol. 46, No. 28, July 10,
				  2024
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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.32 - Damages, inquest after default; proof

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.33 - Submission of orders, judgments and decrees for signature

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.36 - Infants' and incapacitated persons' claims and proceedings

Current
				  through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.37 - Executions

Current through Register Vol. 46, No. 28, July 10,
				  2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.38 - Appeals

Current through Register Vol. 46, No. 28, July 10,
				  2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.39 - Procedures for the enforcement of money judgments under CPLR article 52

Current through Register Vol. 46, No. 28, July 10,
				  2024
(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."
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.40 - Arbitration

Current through Register Vol. 46, No. 28, July 10,
				  2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.41 - Small claims procedure

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.41-a - Commercial claims procedure

Current through Register Vol. 46, No.
				  28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.42 - Proceedings under article 7 of the Real Property Actions and Proceedings Law

Current through Register Vol. 46, No. 28, July
				  10, 2024
(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 chief administrator
				  of the courts shall promulgate and post on the Unified Court System website:
(1) a form notice of petition for mandatory
				  use in eviction proceedings involving residential property under Article 7 of
				  the Real Property Actions and Proceedings Law brought on the ground that the
				  respondent has defaulted in the payment of rent;
(2) a form notice of petition for mandatory
				  use in eviction proceedings involving residential property under Article 7 of
				  the Real Property Actions and Proceedings Law (other than in proceedings
				  brought on the ground that the respondent has defaulted in the payment of
				  rent); and
(3) a form notice of
				  petition for use in nonresidential eviction proceedings under Article 7 of the
				  Real Property Actions and Proceedings Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.43 - Powers of clerks

Current through Register Vol. 46, No. 28, July
				  10, 2024
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.