In civil cases, process and mandates of the Court may be served and executed throughout the County of Broome.
A.
The City Court shall have jurisdiction:
(1)
In an action to recover a sum of money only, where the amount demanded in the complaint does not exceed $4,000, exclusive of interest and costs;
(2)
In an action to foreclose a lien on a chattel, where the amount sought to be recovered does not exceed $4,000, exclusive of interest and costs;
(3)
In an action to recover one or more chattels, with or without damages for the taking, withholding or detention thereof, where the value of the chattel or chattels does not exceed $4,000;
(4)
In a summary proceeding to recover the possession of real property situated wholly or partly within the City, and to remove tenants therefrom;
(5)
To enter judgment upon confession, where the sum confessed does not exceed $4,000, exclusive of interest and costs.
A.
Except as provided in Subsection B of this section, the plaintiff or defendant, or one of the plaintiffs or defendants, must reside within the City of Binghamton. A person, an association or a corporation having an office or a place for the transaction of business within the City or being engaged in the business of transportation therein is, for the purposes of this section, to be deemed a resident thereof.
B.
In a summary proceeding to recover the possession of real property or in an action to foreclose a lien on a chattel, or to recover one or more chattels, neither the plaintiff nor the defendant need reside within the City if the real property or chattel is located within the City.
A.
The provisions of the Civil Practice Law and Rules, notwithstanding express reference by name or classification therein to any other court, shall apply to the City Court as far as the same can be made applicable and are not in conflict with the provisions of this act.
B.
Where the word "state" is used in applicable provisions of the Civil Practice Law and Rules, it shall be construed to mean "county" as applied to the City Court if the context of the particular section or rule permits of such construction.
C.
The City Court, within the limits of its jurisdiction, is vested with all the powers possessed by the County Court in like causes.
[Amended L.1963, c.887]
A.
Processes, warrants, and other mandates may be served upon a party within the County of Broome or in any part of any adjoining county within the state in like manner as in the Supreme Court, except as otherwise provided in this act or rules adopted pursuant thereto. Service may also be made upon the Secretary of State, Superintendent of Insurance, or any other designee for the service of process, in any action within the jurisdiction of the Court, where such service is authorized by any statute, and such service shall be effected pursuant thereto.
B.
An order for substituted service of a summons upon a defendant, whether a domestic corporation other than a municipal corporation, a joint stock or other unincorporated association having a president or treasurer residing within the County of Broome, or a natural person residing within said county, may be made by the Court, or a judge thereof, upon satisfactory proof that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons within the county or within an adjoining county in the state.
C.
The summons shall not be served by publication, except that in an action in which a warrant of attachment has been granted, and a levy has been made thereunder upon property of the defendant within the County of Broome, an order may be obtained within 30 days after the granting of the attachment, providing for the service of the summons upon the defendant by publication.
D.
Where a warrant of attachment has been granted and a levy has been made thereunder upon property of the defendant within the County of Broome, service of the summons in lieu of publication may be made personally upon the defendant within or without the County of Broome, whether or not an order has been made for service by publication.
E.
Where a warrant of attachment has been granted, and the summons cannot with reasonable diligence be served within the County of Broome, it may be served by leaving a copy thereof, together with the warrant of attachment and the inventory of the property attached, at the last known place of residence of the defendant in the County of Broome, with a person of suitable age and discretion, or, if such person cannot be found there, by posting them on the outer door, and also depositing another copy of each in the post office, enclosed in a sealed, post-paid wrapper, directed to the defendant at his or her residence. If the defendant has no place of residence in the County of Broome, the constable shall deliver a true copy of the summons, warrant and inventory to the person in whose possession the property attached is found and send another copy of each by registered mail, addressed to the defendant at his or her last known address. The defendant's return receipt, the summons and an affidavit of compliance herewith, shall be filed with the Clerk of the Court within 30 days after the defendant's return receipt is received by the plaintiff. Service of process shall be complete 10 days after proof thereof is filed.
Pleadings shall be written and in accordance with the Civil Practice Law and Rules.
A.
Appearance, answer and reply. The summons shall require the defendant to serve his or her answer or appear in the action within six days after service of the summons, except that where the summons is served outside the County of Broome, the summons shall require the defendant to serve his or her answer or appear in the action within 12 days after service of the summons. If the complaint does not accompany the summons, it shall be served within six days after service of the notice of appearance. A reply shall be served within six days after service of the answer.
B.
Amendments. The time within which a pleading may be amended of course shall be six days, and an amended pleading shall be answered within six days after it has been served.
C.
Motions. Notice of a motion under Rule 3024 of the Civil Practice Law and Rules shall be served within six days after the service of the pleading to which the motion is addressed. Notice of a motion under Rule 3211 of the Civil Practice Law and Rules shall likewise be served within six days after the service of the pleading to which the motion is addressed except in those instances when the motion may be made at any time prior to trial as provided in such rules.
D.
Notice of motion. Unless brought on by order to show cause, notice of motion shall be served at least six days before the date set therein for hearing except where attorneys for the several parties have their offices in the same City, when notice of three days may be given.
E.
Note of issue. The note of issue may be filed by either party with the Clerk of the Court at any time after issue is first joined. It shall state the title of the action, the names and addresses of the attorneys, the time when the last pleading was served, the specific nature and object of the action, and, if such cause be entitled to a preference, demand therefor.
(1)
At the time of such filing, the party filing the same shall also serve an exact copy thereof upon the other party.
(2)
Within five days after the filing of the note of issue, the Clerk shall notify each party in writing of the date of trial assigned to the cause by the Court.
(3)
The trial shall proceed upon such date unless adjourned by the Court for good cause shown.
(4)
Rule 150 of the Civil Practice Law and Rules shall be applicable to notes of issue in all other respects.
F.
Motion for new trial. A motion for a new trial upon the Judge's minutes shall be made within five days after rendition of the verdict of the jury.
An attachment may be levied upon any property within the County of Broome upon which an attachment may be levied in an action in the Supreme Court, except real property and interest therein.
If it shall appear that the title to real property will come in question in the action, it may be removed to a court having jurisdiction thereof, in accordance with the provisions of § 325 of the Civil Practice Law and Rules.
If a counterclaim in excess of the Court's jurisdiction is interposed, the Court may, nevertheless, grant judgment to the extent of its jurisdiction, but the defendant shall be deemed to have waived any right to further recovery.
A.
Demand. Trial by jury shall be deemed to have been waived unless a demand therefor has been made and the fee prescribed by § 29-31A(8) has been paid. In the event the party filing the note of issue desires a jury trial, he or she shall demand same in the note of issue and pay the prescribed fee. In the event that the other party desires a jury trial, he or she shall file a written demand therefor with the Clerk within two days after the service of the note of issue upon him or her and pay the prescribed fee; a copy of such demand shall be served upon the other party within the same period of time.
B.
Jury lists. The officers charged by law in Broome County with selecting the persons qualified to serve as jurors in the County and Supreme Courts shall furnish the Clerk of the City Court with the names of such qualified persons who are residents of the City. Jurors shall be drawn from among such persons.
C.
Ballots and jury boxes. The Clerk must prepare suitable ballots by writing the name of each person appearing on the list, with his or her place of residence and other information, on a separate piece of paper. The ballots must be uniform in appearance, and the Clerk must deposit them in a box kept for that purpose, to be known as the “undrawn jury box.” The ballots containing the names of persons who have been summoned and appeared for service must be placed in a box to be known as the “drawn jury box.” When all ballots have been drawn from the undrawn jury box the whole number must be returned to the undrawn jury box.
D.
Summoning of jurors; jury terms.
(1)
When a jury trial is demanded the Clerk must draw, from the undrawn jury box, such number of names as shall be prescribed by the Court, and shall deliver a list thereof to a constable, who shall summon the persons named therein to attend the Court at a specified time to serve as jurors. The constable may summon such persons personally or by mail.
(2)
The Court may, by rule, provide that a jury term be established during certain periods of the year for the trial of jury cases. A jury panel shall be drawn to try jury cases generally for each of such terms and shall consist of such number of jurors as shall be prescribed by the Court. At least three days' notice of attendance shall be given to persons summoned to serve as jurors. Provisions of law relating to the summoning of jurors and their attendance in the county court shall be nearly as may be, apply to the summoning and attendance of jurors in the City Court.
E.
Numbering of jurors. A jury shall be composed of six persons.
F.
Drawing of jurors. The jury shall be selected from among the persons summoned and attending pursuant to Subsection D of this section. It shall be drawn in the same manner as in the county court. Each party may peremptorily challenge not more than three of the persons drawn as jurors for the trial. This provision shall be applicable to criminal as well as civil cases.
A.
A decision upon the trial of a nonjury case may be general in form as though it were a verdict by a jury.
B.
The decision of the Court on the trial of a nonjury case, or upon the hearing of a motion, shall be rendered within 14 days after the matter has been finally submitted for determination, unless an extension of time be agreed to in writing by both parties or by stipulation in open court. If the decision is not rendered within such time, either party may move for a new trial upon that ground. If the decision has not been rendered when the motion is heard, the Court must make an order for a new trial.
[Amended L.1963, c.887]
A.
Upon application, the Clerk must deliver a transcript of a judgment. If the judgment is for the recovery of a chattel which has been delivered to the unsuccessful party, or for the value thereof, the Clerk shall insert in the transcript an additional statement setting forth the nature of the action and specifying the chattel described in the judgment.
B.
Upon presentation of a transcript of a judgment and payment of the filing fee, the Clerk of Broome County must endorse upon the transcript the date of its receipt and must file it in his or her office and must docket the judgment as of the time of the receipt of the transcript, in a book kept by him or her for that purpose as prescribed by law; and if the judgment is for the recovery of a chattel which has been delivered to the unsuccessful party or for the value thereof, he or she must enter in the docket the particulars of the judgment as stated in the transcript.
C.
Upon the docketing of a judgment as prescribed in Subsection B of this section it shall be deemed a judgment of the Broome County Court and may be enforced accordingly. This shall not prevent the City Court or a judge thereof from vacating, setting aside or modifying the judgment or staying execution thereon.
Appeals in civil causes may be taken to the County Court of Broome County, in the manner provided in Article 55 of the Civil Practice Law and Rules from:
A.
A judgment in an action;
B.
A final order in a special proceeding;
C.
An order granting or denying a new trial;
D.
An order granting or denying a motion to open a default and to vacate a judgment or final order entered thereon;
E.
An order granting or denying a motion to vacate a judgment or a final order upon the ground that the judgment was rendered or the final order was made without service of summons or process;
F.
An order granting or denying a motion to discharge a defendant from arrest, or an order granting or denying a motion to vacate or modify a warrant of attachment or a requisition to replevy or a warrant of seizure;
G.
An order denying a motion for summary judgment or for judgment on the pleadings;
H.
Any other order, provided that leave to appeal be granted:
I.
Upon the determination of an appeal to the County Court of Broome County, as provided in this section, or of a further appeal to the Appellate Division, as provided in Article 57 of the Civil Practice Law and Rules, a certified copy of the order of the appellate court with the original case or papers upon which appeal was heard shall be transmitted to the Clerk of the Court, and the judgment, if any, rendered or directed, pursuant to such order, shall be entered by such Clerk.
The Court may, by rule, establish a part for the determination of small claims, pursuant to the following provisions:
A.
Small claims defined. The term "small claim," as used in this section, shall mean and include any claim or cause of action or counterclaim within the jurisdiction of this Court except summary proceedings for the recovery of real property, where the amount claimed by the plaintiff or claimant or defendant, or the value of the property affected or of the right claimed does not exceed $25, exclusive of interest and costs.
B.
Small claims procedure, generally. The Court may, by rules, regulate the practice and procedure controlling the determination of small claims and prescribe and furnish the forms for instituting them. They shall constitute a simple, informal and inexpensive procedure for the prompt determination of such claims so as to do substantial justice between the parties in accordance with the rules and principles of substantive law. The provisions of the Civil Practice Law and Rules and this act shall apply to claims brought under this section, so far as the same can be made applicable and are not in conflict with the provisions of this section. In case of conflict, the provisions of this section shall control. Nothing contained in this section, however, shall be construed to render inapplicable statutory provisions relating to privileged communications and the provisions of § 4519 of the Civil Practice Law and Rules.
C.
Commencement of action. Actions on small claims shall be commenced upon payment by the claimant of a filing fee as set from time to time, without the service of a summons, and, except by special order of the Court, without the service of any pleading other than a statement of his or her cause of action by the claimant or by an attorney in his or her behalf to the Clerk, who shall reduce the same to a concise written form and record it in a docket kept for such purpose. A notice of such claim and of the time set for the hearing thereof shall be sent to the person complained against by registered mail to his or her last known place of residence with return receipt requested. The cost of sending such notice shall be included in the filing fee hereinbefore specified.
D.
Transfer. 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.
E.
Trial by jury. A person commencing an action upon a small claim under this section shall be deemed to have waived a trial by jury, but if said action shall be removed to a regular part of the Court, the plaintiff shall have the same right to claim a trial by jury as if such action had originally been begun in such part. Any party to such action, other than the plaintiff, prior to the day upon which he or she is notified to appear or answer, may file in the Court where the action is pending a demand for a trial by jury and his or her affidavit that there are issues of fact in the action requiring such a trial, specifying the same, and stating that such trial is desired and intended in good faith. Such demand and affidavit shall be accompanied with the jury fee required by law and an undertaking in the sum of $50 in such form as may be approved by the rules, payable to the other party or parties, conditioned upon the payment of any costs which may be entered against him or her in the action or any appeal, within 30 days after the entry thereof; or, in lieu of said undertaking, the sum of $50 may be deposited with the Clerk of the Court and thereupon the Clerk shall forthwith transmit such original papers or duly attested copies thereof as may be provided by the rules of the part of the Court to which the action shall have been transferred and assigned and such part may require pleadings in such action as though it had been begun by the service of a summons and such action may be considered a preferred cause of action. In any small claim which may have been transferred to another part of the Court, the Court may award costs up to $25 to the plaintiff if he or she prevails.
F.
Review. A person commencing an action upon a small claim under this section shall be deemed to have waived all right to appeal, except that either party may appeal on the sole ground that substantial justice has not been done between the parties according to the rules and principles of substantive law.
G.
Res judicata. A judgment obtained under this section may be pleaded as res judicata only as to the amount involved in the particular action and shall not otherwise be deemed an adjudication of any fact at issue or found therein in any other action or Court.
H.
To whom procedure unavailable. No corporation, partnership or association and no assignee of any small claim shall institute an action or proceeding under this section.
I.
Procedure alternative. Procedure under this section shall not be exclusive but shall be alternative to the procedure in actions commenced in the Court by the service of a summons.