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.