N.Y. Uniform District Court Act § 1809-a: Procedures relating to corporations, associations, insurers and assignees

§ 1809-A. Procedures relating to corporations, associations, insurers

and assignees.

(a) Any corporation, including a municipal corporation or public

benefit corporation, partnership, or association, which has its

principal office in the state of New York and an assignee of any

commercial claim may institute an action or proceeding under this

article.

(b) No person or co-partnership, engaged directly or indirectly in the

business of collection and adjustment of claims, and no corporation or

association, directly or indirectly, itself or by or through its

officers, agents or employees, shall solicit, buy or take an assignment

of, or be in any manner interested in buying or taking an assignment of

a bond, promissory note, bill of exchange, book debt, or other thing in

action, or any claim or demand, with the intent and for the purpose of

bringing an action or proceeding thereon under this article.

(c) A corporation, partnership or association, which institutes an

action or proceeding under this article shall be limited to five such

actions or proceedings per calendar month. Such corporation, partnership

or association shall complete and file with the clerk the required

certification, provided it is true and verified as to its truthfulness,

as a prerequisite to the institution of an action or proceeding in this

part of the court.

(d) A corporation may appear as a party in any action brought pursuant

to this article by an attorney as well as by any authorized officer,

director or employee of the corporation provided that the appearance by

a non-lawyer on behalf of a corporation shall be deemed to constitute

the requisite authority to bind the corporation in a settlement or

trial. The court or arbitrator may make reasonable inquiry to determine

the authority of any person who appears for the corporation in a

commercial claims part case.