The City Court of Albany as heretofore created
and established and now existing is hereby continued as a court of
record. The Justices of the City Court of Albany and other officers
thereof shall continue in office until the expiration of the terms
for which they were elected or appointed, respectively, as provided
by law.
Except as provided in the next section, the
City Court of Albany has jurisdiction in the following civil actions
and proceedings where any person a party thereto is a resident of
the City of Albany, unless otherwise expressly provided in this section:
A.
An action to recover damages upon or for breach of
contract, express or implied, other than a promise to marry, where
the sum claimed does not exceed two thousand dollars ($2,000.), exclusive
of interest and costs.
B.
An action upon a bond conditioned for the payment
of money or upon a surety or other bond where the sum claimed to be
due does not exceed two thousand dollars ($2,000.), exclusive of interest
and costs, the judgment to be rendered for the sum actually due. Where
the sum secured by the bond is to be paid in installments, an action
may be brought for each installment as it becomes due.
C.
An action upon a surety bond or undertaking taken
in any court where the amount claimed does not exceed the sum of two
thousand dollars ($2,000.), exclusive of interest and costs.
E.
An action upon a judgment rendered in the City Court
of Albany or in any court not being a court of record.
F.
An action for a fine or penalty not exceeding two
thousand dollars ($2,000.), including an action to recover a penalty
given by the Charter of the City of Albany or any bylaw or ordinance
thereof or by any statute of the state.
G.
An action to recover damages for an escape from the
jail liberties of the County of Albany, where the sum claimed does
not exceed two thousand dollars ($2,000.) and costs.
H.
An action to recover damages for the conversion of
personal property, where the sum claimed does not exceed the sum of
two thousand dollars ($2,000.).
I.
An action for damages for fraud or deceit where the
damages claimed do not exceed two thousand dollars ($2,000.).
J.
An action to recover damages for a personal injury,
or for loss of services or for medical or other necessary expenses
occasioned thereby, or an injury to property, where the sum claimed
does not exceed two thousand dollars ($2,000.), and costs, excepting,
however, actions to recover damages for malicious prosecution, false
imprisonment, libel, slander, criminal conversation, seduction, or
loss of society of husband or wife.
K.
An action by a judgment creditor under § 684
of the Civil Practice Act[1] against any person or corporation, municipal or otherwise,
to whom an execution against the wages, debts, earnings, salary, income
from trust funds or profits of a judgment debtor shall be presented
and who shall fail or refuse to pay over to the officer presenting
such execution, the percentage of indebtedness due or to become due
to such judgment debtor.
[1]
Editor's Note: See now §§ 5209,
5226 and 5231 of the Civil Practice Law and Rules.
L.
To render judgment in an action upon confession or
upon the consent of both parties, where the amount involved does not
exceed two thousand dollars ($2,000.), exclusive of interest and costs
or to make a final order in summary proceedings upon confession or
upon the consent of both parties.
M.
The jurisdiction extends to actions against the City
of Albany, a domestic corporation, a foreign corporation or an administrator
or executor or trustee as such, where the amount claimed does not
exceed two thousand dollars ($2,000.), exclusive of interest and costs.
N.
Other civil actions or proceedings of which Justices of the Peace now or may hereafter have jurisdiction, except such as shall be expressly excluded by this Part 2.
O.
An action to recover one (1) or more chattels with
or without damages for the taking, withholding or detention thereof,
and for the value thereof, if recovery cannot be had, where the value
of the chattel or of all the chattels as stated in the complaint made
on the part of the plaintiff does not exceed two thousand dollars
($2,000.).
P.
An action to foreclose a lien upon a chattel for a
sum of money, in any case where such a lien exists at the commencement
of the action and where the amount of the lien does not exceed two
thousand dollars ($2,000.), exclusive of interest and costs.
Q.
An action to enforce a mechanic's lien on real property
which or a portion of which is situated within the City of Albany
irrespective of the residence of the parties thereto, where the amount
of the lien claimed does not exceed two thousand dollars ($2,000.)
exclusive of interest and costs, in which action the Court shall proceed
in the manner provided by Article 3 of the Lien Law for the enforcement
of the same in a court not of record.
R.
A summary proceeding under Article 83 of the Civil
Practice Act[2] to recover possession of real property which, or a portion
of which, is situated within the City of Albany irrespective of the
residence of the parties thereto. Such proceeding may be tried with
or without a jury, which may be demanded by any party thereto. The
Court in either case has power, upon application, to allow the petition
or answer to be amended, at any time, if substantial justice will
be promoted thereby and the rights of the parties have not been impaired
by reason of the defective pleading to direct or set aside a verdict,
and to grant or deny a motion for a new trial, and an appeal may be
taken therefrom.
[2]
Editor's Note: See now the Civil Practice
Law and Rules.
S.
To issue or vacate a requisition to replevy, a warrant of attachment, or an order of arrest; or grant or vacate a stay of execution, or of proceedings, within the limitations provided in this Part 2. But such stay shall not exceed twenty (20) days.
T.
In an action or a summary proceeding, to direct or
set aside a verdict, vacate, amend or modify a judgment or final order
rendered, or made on consent, confession, inquest or trial, grant
a new trial, open a default, or in a proper case grant a new trial
on the ground of fraud or newly discovered evidence.
Said City Court cannot take cognizance of any
civil actions in either of the following cases:
A.
Where the title to real property comes in question as prescribed in Article VI of this Part 2. But in an action brought in said Court, the surety upon the defendants undertaking is liable, in the case specified in § 30-158 of this Part 2, to any amount for which judgment might have been rendered by said Court if the answer and undertaking had not been delivered.
B.
Said Court shall not have any equity jurisdiction,
except, however, that this subsection shall not be so construed as
to prevent a person to or against whom a precept is issued as provided
in Article 83 of the Civil Practice Act[1] from setting up an equitable defense in summary proceedings.
[1]
Editor's Note: See now the Civil Practice
Law and Rules.
Said Court has power to punish for a criminal
contempt a person guilty of either of the following acts and no others:
A.
Disorderly, contemptuous or insolent behavior, committed
during its sitting, in its immediate view and presence, and directly
tending to interrupt its proceedings, or to impair the respect due
to its authority.
B.
Breach of the peace, noise or other disturbance directly
tending to interrupt its proceedings.
C.
Willful disobedience to its lawful mandates.
D.
Resistance willfully offered to its lawful mandates.
E.
Contumacious and unlawful refusal to be sworn as a
witness or after being sworn, to answer any legal and proper interrogatory.
F.
Publication of a false or grossly inaccurate report
of its proceedings. But the Court cannot punish as a contempt the
publication of a true, full and fair report of a trial, argument,
decision or other proceeding therein.
Punishment for a contempt specified in the last
section may be by fine, not exceeding two hundred fifty dollars ($250.),
or by imprisonment not exceeding thirty (30) days, in the jail of
the county where the Court is sitting, or both, in the discretion
of the Court. Where a person is committed to jail, for the nonpayment
of such a fine, he must be discharged at the expiration of thirty
(30) days; but where he is also committed for a definite time, the
thirty (30) days must be computed from the expiration of the definite
time.
Such a contempt, committed in the immediate
view and presence of the Court, may be punished summarily. When not
so committed, the party charged must be notified of the accusation,
and have a reasonable time to make a defense, and the Court may issue
a warrant directed generally to any Marshal requiring him to bring
the offender before the Court. Where a person is committed for such
a contempt, the particular circumstance of his offense must be set
forth in the mandate of commitment.
Punishment for contempt, as herein prescribed,
does not bar an indictment for the same offense; but where a person
who has been so punished is convicted on such an indictment, the Court,
in sentencing him, must take into consideration the previous punishment.
The Court has power to punish, by fine and imprisonment,
or either, a neglect or violation of duty, or other misconduct, by
which a right or remedy of a party to a civil action or special proceeding
pending in the Court may be defeated, impaired, impeded, or prejudiced,
in either of the following cases:
A.
An attorney, counselor, clerk, sheriff, marshal, coroner,
or other person, in any manner duly selected or appointed to perform
a judicial or ministerial service, for a misbehavior in his office
or trust or for a willful neglect or violation of duty therein; or
for disobedience to a lawful mandate of the Court, or of a Justice
thereof.
B.
A party to the action or special proceeding, for putting
in fictitious bail or a fictitious surety, or for any deceit or abuse
of a mandate or proceeding of the Court.
C.
A party to the action or special proceeding, an attorney,
counselor, or other person, for the nonpayment of a sum of money ordered
or adjudged by the Court to be paid, in a case where by law execution
cannot be awarded for the collection of such sum, or for any other
disobedience to a lawful mandate of the Court.
D.
A person for assuming to be an attorney or counselor,
or other officer of the Court, and acting as such without authority;
for rescuing any property or person in the custody of an officer,
by virtue of a mandate of the Court; for unlawfully detaining or fraudulently
preventing, or disabling from attending or testifying, a witness,
or a party to the action or special proceeding, while going to, remaining
at, or returning from, the sitting where it is noticed for trial or
hearing; and for any other unlawful interference with the proceedings
therein.
E.
A person subpoenaed as a witness, for refusing or
neglecting to obey the subpoena, or to attend, or to be sworn or to
answer as witness.
F.
A person duly notified to attend as a juror at a session
of the Court, for improperly conversing with a party to an action
or special proceeding, to be tried at that session, or with any other
person in relation to the merits of that action or special proceeding;
or for receiving a communication from any other person, in relation
to the merits of such an action or special proceeding, without immediately
disclosing the same to the Court.
G.
In any other case where an attachment or any other
proceeding to punish for a contempt has been usually adopted and practiced
in a court of record, to enforce a civil remedy of a party to an action,
or special proceeding in that court, or to protect the right of a
party.
The Court shall have power to send its process
and other mandates in an action or special proceeding of which it
has jurisdiction to any part of the City of Albany or any town adjoining
thereto within the County of Albany for service or execution, and
to enforce obedience thereto, except that in any action or proceeding
of which the Court has jurisdiction, wherein the amount involved,
exclusive of interest and costs, exceeds one thousand dollars ($1,000.),
the process or other mandates therein shall be served within the City
of Albany, and except further that a subpoena may be served at any
place in the County of Albany or in any county adjoining thereto,
including the County of Rensselaer as hereinafter provided.
The Justices of said Court may, in the City
of Albany, or any town adjoining thereto within the County of Albany,
by virtue of their office, administer oaths, take depositions and
acknowledgments, and certify the same in the manner and with like
effect as Justices of courts of record.
The Justices of said Court, from time to time,
may make rules of practice not inconsistent with the provisions of
law. Such rules shall not take effect, however, until a copy thereof,
signed by the Justices of said Court, shall have been filed in the
office of the Clerk of said Court and with the Clerk of the County
of Albany. Said County Clerk shall cause the same to be printed in
the calendars of the Supreme Court and County Court for the trial
terms thereof in the County of Albany, and the expense of such printing
of such rules shall be a charge upon the City of Albany and shall
be audited, allowed and paid by said City in like manner as other
contingent charges.
The Court shall be open for the transaction
of business each day of the year, Sundays and legal holidays excepted.
Wherever the necessities of business require, said Court may be held
in three (3) parts or divisions at the same time. It shall be lawful
for any one (1) of the Justices of said Court to hear, try and determine
any cause in said Court and render final judgment therein; and any
one (1) of said Justices shall possess all the powers and exercise
all the jurisdiction in all matters, suits and proceedings at law
which are herein conferred upon said Court. The Court or a Justice
thereof shall also have the same power as the Supreme Court or a Justice
of the Supreme Court, to entertain motions, make orders and grant
relief in any action or proceeding of which it has or has had jurisdiction.
The trial of an action or special proceeding
may be continued from day to day, or from one day to any other day
or days until the same is finished. A special proceeding commenced
before one Justice may be continued before any other Justice the same
as though it had been originally commenced before him. A transcript
of any proceedings had before either of said Justices, or of any paper
filed with the Clerk, or of the minutes of any testimony taken by
or before said Justice, certified by the Clerk or said Justice to
be correct, shall be presumptive evidence of the facts therein contained.
No process, action, judgment, execution or proceeding
shall abate or be discontinued by reason of the death, removal from
office, or vacancy in office of any Justice, but any other Justice
of said Court may proceed to hear, determine and give judgment in
and upon the same, and upon all matters and things pending before
and undecided or not acted upon or indorsed by such former Justice,
with the same powers, jurisdiction, and authority as possessed by
him.
Said Court shall have a Seal, conforming to
the title of said Court; but it shall not be necessary to use the
Seal of said Court in any civil process and no charge shall be allowed
for the use of such Seal in such process.
The provisions of the Civil Practice Act[1] and rules and regulations of the Supreme Court as they may be amended from time to time shall apply to this Court so far as the same can be made applicable and are not in conflict with the provisions of this Part 2, or the rules of practice made by the Justices of this Court pursuant to § 30-22 of this article; in case of such conflict this Part 2 or such rules shall be govern.
[1]
Editor's Note: See now the Civil Practice
Law and Rules.
