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2023 Miscellaneous notes > UR 208 Volume 4 > Flashcards

UR 208 Volume 4 Flashcards

1
Q

§ 208.41 SMALL CLAIMS PROCEDURE

A small claims action shall be instituted by a plaintiff or someone on his behalf paying the filing fee ($______ for claims of $1,000 or less; and $______ for claims above $1,000), and by supplying to the clerk the following information:

  1. plaintiff’s name and residence address
  2. defendant’s name and place of residence, or place of business or employment
  3. the nature and amount of the plaintiff’s claim, giving dates and other relevant information

The clerk shall reduce this information to a written statement on a form. The statement shall be in nontechnical, concise and simple language, and shall be signed by the person who supplied the information.

A

15……… 20

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2
Q

§ 208.41 SMALL CLAIMS PROCEDURE

The clerk shall give the person who signed the statement a memorandum the time and place set for the hearing, which shall be as soon as practicable, and shall advise person to produce at the hearing the supporting witnesses, account books, receipts or other documents required to establish the claim.

A

§ 208.41 SMALL CLAIMS PROCEDURE

The clerk shall give the person who signed the statement a memorandum the time and place set for the hearing, which shall be as soon as practicable, and shall advise person to produce at the hearing the supporting witnesses, account books, receipts or other documents required to establish the claim.

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3
Q

§ 208.41 SMALL CLAIMS PROCEDURE

_______ days after the action is recorded, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, a signed notice bearing the seal of the court. Clerk shall record the date on which the notice was mailed and the address, the date of delivery shown by the return receipt and the name of the addressee or agent signing the receipt. If service of notice cannot be effected upon the defendant within 4 months following the date on which the action was first started, the action shall be dismissed without prejudice.

A

5

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4
Q

§ 208.41 SMALL CLAIMS PROCEDURE

If defendant fails to appear, he shall be held in default.

A

§ 208.41 SMALL CLAIMS PROCEDURE

If defendant fails to appear, he shall be held in default.

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5
Q

§ 208.41 SMALL CLAIMS PROCEDURE

All motions pertaining to small claims shall be made returnable at a part and session appointed for the hearing of small claims.

A

§ 208.41 SMALL CLAIMS PROCEDURE

All motions pertaining to small claims shall be made returnable at a part and session appointed for the hearing of small claims.

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6
Q

§ 208.41 SMALL CLAIMS PROCEDURE

There May be Arbitration of Any Small Claims Controversy.

The arbitrator shall make an award in writing and file the same forthwith, together with his or her opinion, if any, with the clerk of the small claims part.

Unless both parties file a request in writing not to enter judgment, the clerk shall, within ______ days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within ______ days from the date of filing the consent.

The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed ___ days.

A

2…. 30……… 30

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7
Q

§ 208.41-a Small claims procedure.

A commercial claims action may be:

  1. a corporation, including a municipal or public benefit corporation, partnership, or association, which has its principal office in NYC
  2. an assignee of any commercial claim
A

§ 208.41-a Small claims procedure.

A commercial claims action may be:

  1. a corporation, including a municipal or public benefit corporation, partnership, or association, which has its principal office in NYC
  2. an assignee of any commercial claim
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8
Q

§ 208.41-a Small claims procedure.

***Action is commenced with the filing of __________ and its filing fee.

A

Notice of Claim

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9
Q

§ 208.41-a Small claims procedure.

Within _____ days after the action is filed, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, a signed notice bearing the seal of the court.

A

5

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10
Q

§ 208.41-a Small claims procedure.

If, after the expiration of _______ days (30 days in the case of a commercial claim arising out of a consumer transaction) from the date the notice was mailed, the ordinary first class mailing has not been returned as undeliverable, the defendant shall be presumed to have received notice of the claim.

A

21

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11
Q

§ 208.41-a Small claims procedure.

If service of notice cannot be made upon the defendant within ____ months following the date on which the action was first instituted, the action shall be dismissed without prejudice. If a defendant fails to appear, he shall be held in default.

A

4

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12
Q

§ 208.42 PROCEEDINGS UNDER RPAAPL 7 -

These proceedings shall be commenced in the __________

A

Housing Part.

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13
Q

§ 208.43 RULES OF THE HOUSING PART

There shall be a housing part for the hearing of all actions and proceedings in all matter.

A

§ 208.43 RULES OF THE HOUSING PART

There shall be a housing part for the hearing of all actions and proceedings in all matter.

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14
Q

§ 208.43 RULES OF THE HOUSING PART

Fees to be paid to clerk in an action or proceeding in the housing part:

  1. upon the request of a tenant for an order directing the owner to correct the violation and to impose a penalty for failure to comply timely with the order :
A

$20

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15
Q

§ 208.43 RULES OF THE HOUSING PART

Fees to be paid to clerk in an action or proceeding in the housing part:

  1. upon the issuance of a petition by a landlord for the removal of housing violations:
A

$20

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16
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

Where a hazardous or nonhazardous violation are alleged and the summons is personally delivered to the landlord or its registered agent within the City of New York, the defendant shall appear and answer within:

A

10 days after such service.

17
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

Where a summons for a hazardous or nonhazardous violation is delivered by mail or by any other method, the defendant shall appear and answer within:

A

20 days after the proof of service thereof is filed with the clerk of the housing part.

18
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

Where the summons for a hazardous or nonhazardous violation is personally delivered to the landlord or its registered agent, the affidavit of service thereof shall be filed with the clerk of the housing part within:

A

5 days after personal delivery.

19
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

Where the summons for a hazardous or nonhazardous violation is served by any other method the affidavit of service thereof shall be filed with the clerk of the housing part no later than:

A

10 days from the date the summons is posted and mailed (where such mailing is required).

20
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

Where the summons for a hazardous or nonhazardous violation is served outside of NYC, the affidavit of service thereof shall be filed with the clerk of the housing part within:

A

10 days after service.

21
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

A penalty action for an immediately hazardous violation shall be commenced by an order to show cause, returnable within

A

5 days.

22
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

After signing of an order to show cause and prior to the service thereof, the clerk of the housing part shall issue an _________

A

index number.

23
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

Venue:

  1. any action or proceeding in the housing part of the Civil Court, the action or proceeding must be brought in the __________ in which the real property is situated
  2. an action or proceeding involving premises located in postal ZIP codes 10035 and 10037, and the Taft Houses and the Jefferson Houses, shall be noticed and filed in the _______ courthouse.
  3. an action or proceeding involving the following premises in which the NYCHA is a party shall be noticed and filed in the Red Hook Community Justice Center:

o Wycoff Gardens (Houses)
o Gowanus Houses
o Red Hook East Houses
o Red Hook West Houses
o Atlantic Terminal (Houses)
o 572 Warren Street Development (Houses)

A

county….Harlem

24
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

The answer shall be ________ and shall include any affirmative defenses or defenses in mitigation of the defendant’s liability. In cases involving an immediately hazardous violation, the defendant may interpose an oral answer before the court.

A

verified

25
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

Where all parties appear by attorney, any party may serve a notice of trial on the others, fixing a date for trial not less than _______ days after service of such notice, and shall file such notice with proof of service thereof at least ___ days before the date fixed for trial with the clerk of the housing part of the Civil Court.

A

5-8 ….. 4

26
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

Clerk shall then place the case on the calendar for trial.

A

§ 208.43 HOUSING PART SERVICE AND RETURN

Clerk shall then place the case on the calendar for trial.

27
Q

§ 208.43 HOUSING PART SERVICE AND RETURN
Where the defendant appears in person, the clerk of the housing part shall fix a date for trial ___ to ______ days after joinder of issue, and shall immediately notify all the parties by mail of such date. If any of the parties has appeared by attorney, the clerk shall notify the attorney.

A

05……..15

28
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

The decision of a judge or housing judge shall set forth conclusions of fact. Said judge or housing judge shall render such decision within __ days after trial of a nonhazardous or hazardous violation, and within _____ days after trial of an immediate hazardous violation or an injunction.

A

30 ….. 15

29
Q

§ 208.43 HOUSING PART SERVICE AND RETURN

The Department of Housing Preservation and Development (HPD) shall not have costs taxed against it, and shall be exempt from paying any fees.

A

§ 208.43 HOUSING PART SERVICE AND RETURN

The Department of Housing Preservation and Development (HPD) shall not have costs taxed against it, and shall be exempt from paying any fees.

2023 Miscellaneous notes (77 decks)

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