N.Y. New York City Civil Court Act § 1805: Remedies available; transfer of small claims

§ 1805. Remedies available; transfer of small claims. (a) Upon

determination of a small claim, the court shall direct judgment in

accordance with its findings, and, when necessary to do substantial

justice between the parties, may condition the entry of judgment upon

such terms as the court shall deem proper. Pursuant to section fifty-two

hundred twenty-nine of the civil practice law and rules, prior to

entering a judgment, the court may order the examination of or

disclosure by, the defendant and restrain him to the same extent as if a

restraining notice had been served upon him after judgment was entered.

(b) The court shall have power to transfer any small claim or claims

to any other part of the court upon such terms as the rules may provide,

and proceed to hear the same according to the usual practice and

procedure applicable to other parts of the court.

(c) No counterclaim shall be permitted in a small claims action,

unless the court would have had monetary jurisdiction over the

counterclaim if it had been filed as a small claim. Any other claim

sought to be maintained against the claimant may be filed in any court

of competent jurisdiction.

(d) If the defendant appears to be engaged in repeated fraudulent or

illegal acts or otherwise demonstrates persistent fraud or illegality in

the carrying on, conducting or transaction of business, the court shall

either advise the attorney general in relation to his authority under

subdivision twelve of section sixty-three of the executive law, or shall

advise the claimant to do same, but shall retain jurisdiction over the

small claim.

(e) If the defendant appears to be engaged in fraudulent or illegal

acts or otherwise demonstrates fraud or illegality in the carrying on,

conducting or transaction of a licensed or certified business, the court

shall either advise the appropriate state or local licensing or

certifying authority or shall advise the claimant to do same, but shall

retain jurisdiction over the small claim.

(f) The court shall have the jurisdiction defined in section three

thousand one of the CPLR to make a declaratory judgment with respect to

actions commenced by a party aggrieved by an arbitration award rendered

pursuant to part one hundred thirty-seven of the rules of the chief

administrator (22 NYCRR Part 137) in which the amount in dispute does

not exceed five thousand dollars.