N.Y. Uniform District Court Act § 1810: Limitation on right to resort to small claims procedures

§ 1810. Limitation on right to resort to small claims procedures.

If the clerk shall find that the procedures of the small claims part

are sought to be utilized by a claimant for purposes of oppression or

harassment, as where a claimant has previously resorted to such

procedures on the same claim and has been unsuccessful after the hearing

thereon, the clerk may in his discretion compel the claimant to make

application to the court for leave to prosecute the claim in the small

claims part. The court upon such application may inquire into the

circumstances and, if it shall find that the claim has already been

adjudicated, or that the claim is sought to be brought on solely for

purposes of oppression or harassment and not under color of right, it

may make an order denying the claimant the use of the small claims part

to prosecute the claim.