Section 1805-A. Remedies available; transfer of commercial claims  


Latest version.
  • (a)  Upon  determination of a commercial 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 commercial 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 commercial claims  action,
      unless   the  court  would  have  had  monetary  jurisdiction  over  the
      counterclaim if it had been filed as a commercial 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
      commercial 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 commercial claim.