Section 1805. Remedies available; transfer of small claims  


Latest version.
  • (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.