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

§ 1805-A. Remedies available; transfer of commercial claims. (a) Upon

determination of a commercial 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 commercial 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 commercial claims action,

unless the court would have had monetary jurisdiction over the

counterclaim if it had been filed as a commercial 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

commercial 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 commercial claim.