N.Y. Uniform Justice 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.