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

§ 1810-A. Limitation on right to resort to commercial claims procedures.

If the clerk shall find that the procedures of the commercial 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

commercial 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 commercial

claims part to prosecute the claim.