The City Court of Mount Vernon as now existing is hereby continued.
[Amended by L. 1930, Ch. 750; L. 1944, Ch. 634; Subdivision
3 only amended by L. 1955, Ch. 169, § 1; Subdivision 1 only
amended by L. 1958, Ch. 815, § 1]
The City Court of Mount Vernon shall remain a court of record.
The territorial jurisdiction of the City Court in civil cases shall
extend throughout the County of Westchester, and, except as hereinafter
provided, the Court shall have jurisdiction, extending to the following
civil actions and proceedings:
(1)
Actions against natural persons, associations, or against foreign
or domestic corporations, executors, administrators, guardians, trustees
or any other persons or corporations acting in a fiduciary capacity
wherein the complaint demands a judgment for a sum of money only,
or to recover one or more chattels, with, or without damages for the
taking, withholding or detention thereof.
(2)
Actions to establish a mechanic's lien on real property where the
real property to which the action relates is within the City, and
to recover a personal judgment for the amount due. An execution issued
to the Sheriff or Marshal in an action to establish a mechanic's lien
shall authorize and direct the Sheriff or Marshal to sell the right,
title and interest of the owner of the premises upon which the lien
set forth in the complaint existed when the notice of lien was filed.
(3)
Actions to foreclose a lien upon a chattel where the lien does not exceed $6,000 in amount and the chattel is found within the County of Westchester, State of New York, as specified in §§ 206, 207, 208 and 210 of the Lien Law. For the purposes of this section a chattel mortgage to secure the payment of a loan of money or other debt, or the purchase price of chattels as well as a contract of conditional sale of personal property and a hiring of personal property, where title is not to vest in the person hiring until payment of a certain sum, shall be deemed a lien upon a chattel, and an action to foreclose such a lien may be maintained.
(4)
Summary proceedings authorized by the Civil Practice Act of the State
of New York to recover possession of real property situated wholly
or partly within the City of Mount Vernon.
(5)
To issue or vacate a requisition to replevy, a warrant of attachment,
a warrant to seize a chattel and an order of arrest; to grant or vacate
a stay of execution or of other proceedings, including a warrant in
summary proceedings to recover possession of real property, provided
that in summary proceedings no stay shall be granted for more than
five days except that in addition to the foregoing, upon the rendering
of a final order in summary proceedings, a stay of the execution of
the warrant may be granted for not more than 30 days, if the tenant
shall make a deposit in Court of the amount of the rent for the period
of the stay at the rate fixed by the landlord for the month immediately
prior to the rendering of the final order which deposit shall be paid
to the landlord or his agent by the Clerk of the Court; to render
judgment in action, or to make a final order in a summary proceeding,
upon confession or upon the consent of both parties; to render judgment
on confession, without an action.
(6)
Of actions and summary proceedings within the limitations herein
set forth, by or against the City of Mount Vernon, by or on behalf
of the people of the State of New York; by or against a domestic or
a foreign corporation; by or against a domestic or foreign executor
or administrator in his representative capacity; by or against a committee
of an incompetent.
(7)
To provide systems of conciliation and arbitration and to enter judgment
upon an award of arbitrators.
(8)
Of actions and proceedings of which the City Court of Mount Vernon
had jurisdiction on the 15th day of March, 1930.
(9)
To enter judgment on default on a complaint, petition or counterclaim
demanding liquidated damages without taking an inquest, where a party
has appeared in an action or proceeding but does not appear at the
time set for the trial thereof. Where the complaint, petition or counterclaim
in such action or proceeding is verified, such judgment may be entered
forthwith; otherwise an affidavit, verified by a person entitled to
verify the complaint, petition or counterclaim in such action or proceeding,
shall be filed in the office of the Clerk, setting forth facts entitling
the plaintiff or defendant, as the case may be, to a judgment.
[Amended by L. 1930, Ch. 750; L. 1932, Ch. 611; L. 1944,
Ch. 634; Subdivisions 1, 2 and 3 only amended by L. 1955, Ch. 169, § 2;
Subdivision 1 only amended by L.L.
No. 6-1968]
The jurisdiction conferred by the preceding section, in any
action commenced in said City Court, is subject to the following limitations
and regulations:
(1)
In an action for the recovery of money only, the sum for which the
complaint or counterclaim demands judgment shall not exceed $6,000
and costs as taxed, except where it is brought upon a bond or undertaking
given in an action or a special proceeding in the same Court or before
the City Judge or Associate City Judge, and except where an action
is brought upon the bond of a Marshal of the City of Mount Vernon.
Where the action is brought upon such bond or other contract, the
judgment must be for the sum actually due, without regard to the penalty
therein contained; and where the money is payable in installments,
successive actions may be brought for the installments as they come
due.
(2)
In an action to recover one or more chattels, with or without damages
for the taking, withholding, or detention thereof, the value of the
chattel or chattels for which the complaint or counterclaim demands
recovery shall not exceed $6,000.
(3)
In an action to establish a mechanic's lien on real property the
amount of lien sought to be established in the complaint or counterclaim
shall not exceed the sum of $6,000.
(4)
The Court has no jurisdiction in an action unless one of the parties
thereto resides in the City of Mount Vernon, or a warrant of attachment
is granted to accompany or precede the summons and levied upon property
of the defendant within the City; or unless the action be for the
recovery of a statutory penalty or penalties by the City of Mount
Vernon or any of its officers or departments; or unless the real property
upon which a mechanic's lien is sought to be established, or the chattel
upon which a lien is sought to be foreclosed, is situated within the
City of Mount Vernon. For the purpose of this section, however, an
individual, who does not reside within the City of Mount Vernon, having
a place for the regular transaction of business in the City, and a
corporation which transacts its general business, or keeps an office,
or has an agency established by law, within the City of Mount Vernon,
shall be deemed to reside within the City of Mount Vernon.
[1]
Editor's Note: The following sections were repealed by L.L.
No. 2-1980: § 176, Jurisdiction in special proceedings; § 177,
Process; and § 178, Criminal jurisdiction.
[Added by L. 1958, Ch. 815, § 4]
The City Judge may, by rule, provide that jury terms be established
from time to time to try civil and criminal cases.
[1]
Note: Unofficial caption.
[Amended by L. 1959, Ch. 442]
The City Judge shall be the Judge of the City Court of Mount
Vernon. He shall not hold any other public office, elective or appointive,
or practice law or act as referee, arbitrator or receiver, but shall
devote his whole time and capacity, so far as the public interest
demands, to the duties of his office.
The City Judge shall appoint, to hold office during his pleasure,
except as otherwise provided by law, a Clerk of the City Court, who
shall also be Clerk of the Court of Special Sessions in the City of
Mount Vernon, a stenographer, a Marshal and such other employees as
he deems necessary for the proper conduct of the business of the City
Court, provided that the position of each employee has been authorized
and the salary thereof fixed by the Board of Estimate and Contract.
The City Judge shall be in responsible charge of all matters of the
City Court and shall have all authority necessary for the proper conduct
of the business of said Court.
[Added by L. 1958, Ch. 815; § 3]
In addition to the powers now possessed by the Clerk of the
City Court, he shall have the following additional powers:
1.
He shall keep the seal of the Court and affix it to such papers and
documents as he shall be required to certify.
2.
He shall keep the books, papers and records of the Court.
3.
He shall be the custodian of, and deliver to his successor in office,
all books, records and papers, filed in his office, and the Official
Seal of the Court.
4.
He shall have the power to administer oaths, to take depositions
and acknowledgments, to receive verdicts of juries and in proper cases
to adjourn causes, and when no Judge appears, he shall adjourn causes
to the next judicial day.
5.
He shall take information for the issuance of warrants of arrest
by the City Judge, make and sign transcripts of judgment, executions,
commitments and certificates of conviction.
6.
He shall collect and receive all fees, fines and penalties paid into
the Court.
7.
He shall perform all other duties inherent in the position of Clerk.
[1]
Editor's Note: The following sections were repealed by L.L.
No. 2-1980: § 182, Associate City Judge; § 183,
Powers of City Judge; § 184, Removal of causes of action; § 185,
Summons; § 185-a, Method of serving summons; § 186,
Pleadings; § 187, Practice; § 187-a, Judicial
notice; § 188, Note of issue; § 189, Notice of
motion; § 190, Terms; § 191, Decision; § 192,
New trials; defaults; § 193, Rules of civil practice; § 194,
Motions addressed to the pleadings; § 195, Process; how
directed; § 195-a, Process; where service may be made; § 196,
Civil practice, general provisions; § 197, Jury trials;
summoning special jury; § 197-a, Jury trial in criminal
cases; § 198, Jury fund; § 199, Jury list; § 200,
Drawing and summoning jurors; § 201, Jurors' fees; § 202,
Exemption from future service; § 203, Fines for nonattendance
and § 204, New drawing.
[Amended by L. 1930, Ch. 750]
There shall be a Marshal of the City Court of Mount Vernon,
who shall, before entering upon the discharge of his duties, take,
subscribe and file with the City Clerk the constitutional oath of
office. He shall also execute an official bond in the penal sum of
$3,000 with at least two sufficient sureties to be approved by the
City Judge, in which he and his sureties shall jointly and severally
answer to the City of Mount Vernon and agree to pay each and every
person who may be entitled thereto all such sums of money as the said
Marshal shall become liable to pay on account of any execution or
attachment delivered to him. When approved by the City Judge, the
said bond shall be filed with the City Clerk, and may be prosecuted
by any person who shall suffer any loss by reason of the default or
doing of said Marshal by the discharge of the duties of his office.
Said bond may, however, be executed by the Marshal and a surety company,
subject to the approval of the City Judge and to all the requirements
hereinabove set forth. The said Marshal shall, in said Court, perform
the same duties as are performed by Sheriffs in other courts of record
and shall have power to execute all process of said Court in the same
manner as the process in other courts of record are executed by the
Sheriff. The City Judge may at any time require him to file new bonds,
and may suspend such Marshal until such bonds are approved and filed.
[Added by L. 1930, Ch. 750; amended by L. 1955, Ch. 169, § 6; L.L. No. 3-1976]
The City Judge may appoint a Deputy Marshal, who shall receive
such compensation as may be fixed by the Board of Estimate and Contract.
The City Judge may also appoint a First Assistant Deputy Marshal
and a Second Assistant Deputy Marshal who shall, when assigned by
the City Judge to duties in the City Court, receive per diem compensation
to be fixed by the Board of Estimate and Contract, which per diem
compensation shall not exceed the salary per diem fixed for the Deputy
Marshal. Other than for the performance of in-court duties when assigned
thereto by the City Judge, each of the Assistant Deputy Marshals shall
receive a share of the fees received by the City Marshal for the services
performed by him for the City Marshal.
The Deputy Marshal and the Assistant Deputy Marshals shall take
and file the constitutional oath of office and file the same in the
City Clerk's office and shall perform such duties as may be assigned
them by the City Marshal, or in his absence or disability by the Deputy
Marshal.
In the absence or disability of the Marshal, the Deputy Marshal
shall have and exercise all the powers and duties of the Marshal,
and the Deputy Marshal and Assistant Deputy Marshals when performing
the duties of the Marshal shall have and exercise all the powers and
duties of the Marshal.
[Amended by L. 1930, Ch. 750]
The authority of the Marshal extends throughout the County of
Westchester. All acts to be done and performed by the Sheriff may
be done by the Marshal of the City Court, and all moneys paid by the
Sheriff or Marshal into the Court shall be paid to the Comptroller
to the credit of the action, and subject to the order of the Court.
The Marshal of the City Court of Mount Vernon shall have and possess
the same powers in relation to all matters and proceedings in the
Court of Special Sessions of the City of Mount Vernon, and be empowered
to perform the same duties therein as the Sheriff of Westchester County,
or any constable or policeman of said City. The Marshal shall keep
a record of his official acts in such manner as shall be prescribed
by the City Judge, and such records shall be open to the inspection
of the City Judge and such officers and employees of the Court as
may be designated by the City Judge.
The said Marshal shall be entitled to the same fees as the Sheriff
of Westchester County, for like services, to be paid by the party
requiring said services, but the said Marshal shall receive no fees
or compensation for the service of any criminal process issued out
of said City Court, and it shall be the duty of the police officers
of said City to execute all such process.
The Marshal of the City Court or the Sheriff of Westchester
County shall receive for summoning a jury the sum of $2, and for attending
the Court and jury in each case tried by jury, $1, which fees shall
be paid by the Clerk of said Court out of the jury fund.
[1]
Editor's Note: Former § 208, Deficiencies in jury
fund, was repealed by L.L. No. 2-1980.
[Amended by L. 1955, Ch. 169, § 7; L.L. No. 7-1972]
The City Judge may appoint a Deputy Clerk — Civil
who shall take the constitutional oath of office, and file the same
in the City Clerk's office, who shall receive such compensation as
may be fixed by the Board of Estimate and Contract; and he shall,
perform such duties as may be assigned by the Clerk of the City Court,
and during the absence or disability of the Clerk of the City Court,
have and exercise all the powers and duties of the office. The City
Judge may also appoint a Deputy Clerk-Criminal who shall take the
constitutional oath of office, and file the same in the City Clerk's
office who shall receive such compensation as may be fixed by the
Board of Estimate and Contract; and he shall perform such duties as
may be assigned by the Clerk of the City Court, and during the absence
or disability of the Clerk of the City Court and the Deputy Clerk-Civil,
have and exercise all the powers and duties of the office of the Clerk
of the City Court.
[Amended by L. 1944, Ch. 634]
There shall be paid to the Clerk of the City Court the following
fees: In all actions $1 for filing a note of issue and for placing
said action on the calendar of the Court for trial; $1 for entering
judgment; where the Clerk issues the summons for a party appearing
without attorney, $1; for every transcript of judgment, $0.25; for
every satisfaction of judgment, $0.50.
All fees or fines paid to the City Judge or to the Clerk of
the City Court, except jurors' fees, shall be paid over to the Comptroller
to the credit of the City of Mount Vernon. The Clerk of the said Court
shall keep an account of all moneys received by him, and the same
shall at all times be open for inspection of the Comptroller.
[1]
Editor's Note: The following sections were repealed by L.L.
No. 2-1980: § 212, Filed papers; § 213, Judgment
docket; § 214, Costs; § 215, Taxation of costs; § 216,
Transcripts; enforcement of judgments; § 217, Findings; § 218,
Appeals; § 219, Small claims defined; § 220, Part
for the determination of small claims established; § 221,
Commencement of action upon small claims; § 221-a, Where
rules and practice of Supreme Court applicable; § 221-b,
Power to transfer small claims; remedies applicable; § 221-c,
Trial by jury; how obtained; discretionary costs; § 221-d,
Review; § 221-e, Res judicata; § 221-f, Procedure
unavailable to corporations, associations and assignees and § 221-g,
Procedure alternative.
