In civil cases process and mandates of the court may be served
and executed throughout the county of Orange. (L. 1948, c. 569)
1.
The city court shall have jurisdiction:
(a)
In an action to recover a sum of money only, where the amount
demanded in the complaint does not exceed three thousand dollars,
exclusive of interest and costs;
(b)
In an action to establish a mechanic's lien and to recover
a personal judgment for the amount due, not exceeding three thousand
dollars, exclusive of interest and costs;
(c)
In an action to foreclose a lien on a chattel, where the amount
sought to be recovered does not exceed three thousand dollars, exclusive
of interest and costs;
(d)
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 three thousand dollars;
(e)
In a summary proceeding to recover the possession of real property
situated wholly or partly within the city, and to remove tenants and
others therefrom;
(f)
To enter judgment upon confession, where the sum confessed does
not exceed three thousand dollars exclusive of interest and costs;
(g)
To provide for methods of conciliation and to enter judgment
upon an award of arbitrators, where the amount claimed does not exceed
three thousand dollars, exclusive of interest and costs;
(h)
To approve a settlement of a cause of action of an infant, not
to exceed three thousand dollars;
(i)
To make 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.
2.
Notwithstanding the jurisdiction hereinabove conferred upon the city
court, its authority shall not be construed:
1.
Except as provided in subdivision two of this section, the plaintiff
or defendant, or one of the plaintiffs or defendants, must reside
within the city. 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.
2.
In a summary proceeding to recover the possession of real property
or in an action to establish a mechanic's lien, 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. (L. 1948, c. 569)
The provisions of the civil practice act and the rules of civil
practice, 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.
Where the word "state" is used in applicable provisions of the
civil practice act or rules of civil practice 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.
The court, within the limits of its jurisdiction, is vested
with all the powers possessed by the county court in like causes.
(L. 1948, c. 569)
An action must be commenced by the service of the summons or
the voluntary appearance of the parties. The summons shall state the
names and, if known, the residence addresses of all the parties, plaintiff
and defendant, and if the defendant's name if unknown, a fictitious
name shall be stated. It shall summon the defendant to appear before
the court at a specified place within six days from the date of service,
exclusive of the day of service to answer the plaintiffs complaint.
It shall be issued by the clerk or by the plaintiffs attorney in his
name, and he shall add to his signature his office and post office
address. The summons must have endorsed upon it the office and post
office address of the plaintiff, or the name and office and post office
address of his attorney. (L. 1948, c. 569)
The summons must be in substantially the following form, the
blanks being properly filled:
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City Court of the City of Newburgh, New York
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Plaintiff
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against
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Defendant
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To the above named defendant:
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You are hereby summoned to appear in this action in the City
Court of the City of Newburgh, New York, before the said court at
___________________________________ Newburgh, New York, within six
days after the service of this summons upon you, exclusive of the
day of service, and to make answer to the complaint and if you fail
to make answer, judgment will be taken against you in the sum of $_____________,
with interest thereon from the ____ day of ___________ 19___
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Dated: Newburgh, New York,
19__
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Clerk City Court of the City of Newburgh
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or
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Attorney for Plaintiff
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Office and Post Office Address
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or
Plaintiffs address
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(L. 1948, c. 569)
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1.
The summons may be served upon the defendant within the county in
like manner as in the supreme court, except as otherwise provided
in this act or in rules adopted pursuant thereto.
2.
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, or a natural person residing within the
county, may be made by the court, or the 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.
3.
The summons shall not be served by publication, except that in an
action in which a warrant of attachment has been granted, an order
may be obtained within thirty days after the granting of the attachment,
providing for the service of the summons upon the defendant by publication.
4.
Where a warrant of attachment has been granted, service of the summons,
in lieu of publication, may be made personally upon the defendant
within or without the county, whether or not an order has been made
for service by publication.
5.
Where a warrant of attachment has been granted, and the summons cannot
with reasonable diligence be served within the county, 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, 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, inclosed in a sealed post-paid wrapper, directed
to the defendant at his residence. If the defendant has no place of
residence in the county the marshal 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 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 thirty days after
the defendant's return receipt is received by the plaintiff.
Service of process shall be complete ten days after proof thereof
is filed.
6.
The provisions of the civil practice act and the rules of civil practice
governing like service in the supreme court shall apply where the
summons is served pursuant to the provisions of subdivisions two,
three or four of this section. (L. 1948, c. 569)
Pleadings shall be written and shall consist of complaint and
answer and, when ordered, a reply. The complaint must accompany the
summons and shall consist of a statement or notice of the nature and
substance of the plaintiff's cause of action which may be endorsed
upon or annexed to the summons. (L. 1948, c. 569)
a.
The summons and complaint or notice must be filed with proof of service
in the office of the clerk within four days after service.
b.
Answer. The summons shall require the defendant to appear and make
answer within six days after service of the summons. Within such period
of time the defendant shall file such answer in the office of the
clerk and, if the plaintiff appears by attorney, the defendant shall
also serve a copy of his answer upon plaintiff's attorney within
said period of time.
c.
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.
d.
Motions. Notice of a motion under rule one hundred two, one hundred
three or one hundred four of the rules of civil practice shall be
served within six days from the service of the pleading to which the
motion is addressed. Notice of a motion under rule one hundred six
or one hundred seven must be served within six days after the service
of the complaint, and motions under rules one hundred nine, one hundred
ten or one hundred eleven must be served within six days after the
service of the answer or reply.
e.
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 city of Newburgh, New York, when notice of three days
may be given.
f.
Note of issue. The note of issue shall be served not more than nine
nor less than six days before the date set therein for trial and shall
be filed with the clerk at least three days before such date.
g.
Motion for new trial. A motion for a new trial or to vacate and set
aside any verdict or judgment shall be made within five days after
the rendition of the verdict of a jury.
h.
Precepts in summary proceedings shall be called upon the return day
at the time and place specified in such process or as soon thereafter
as the business of the court will permit at which time defendant must
appear and answer or final order or warrant will be issued or judgment
by default against him will be entered by the clerk.
i.
An objection to a pleading may be taken by motion as provided in
the civil practice act and rules of civil practice. A notice of motion
by the defendant must be served within six days after the service
of process upon him, exclusive of the day of service, but the court
or any judge of the court, upon application, may extend such time
upon at least two days' notice to the adverse party. Notice of
such motion shall be returnable not less than two nor more than four
days after the date of serving and filing such notice. If the motion
is addressed to the complaint, the time of the defendant to answer
the same, shall, upon filing notice of such motion with proof of service
thereof, thereby be extended for six days immediately following the
date of filing of the decision on such motion. The court or any judge
thereof may in any case, upon application of the defendant, in its
discretion, without notice, extend the time to answer once only of
course, but such extension shall not exceed five days and no further
extension shall be granted by the court or any judge thereof, unless
at least two days' notice of the application therefor has been
given to the adverse party. (L. 1948, c. 569)
An attachment may be levied upon any property within the county
upon which an attachment may be levied in an action in the supreme
court, except real property and interests therein. (L. 1948, c. 569)
The provisions of the civil practice act and the rules of civil
practice with regard to the pleading of items of account, bills of
particulars, the taking of testimony by deposition and physical examination
of a party, notwithstanding express reference by name or classification
therein to any other court, shall apply. Where the word "state" is
used in section two hundred eighty-eight of the civil practice act,[1] it shall be construed to mean the "county of Orange".
Similarly, the provisions of section three hundred four of the civil
practice act[2] shall be construed to mean that one of the conditions
upon which a deposition may be read in evidence is that the deponent
is not within the county of Orange at the time it is read in evidence.
The periods of time prescribed by the civil practice act or any rule
of civil practice relating to matters covered by this section may
be changed by rule of this court. (L. 1948, c. 569)
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 section one hundred
ten-a of the civil practice act.[1] (L. 1948, c. 569)
[1]
Editor's Note: See now Civil Practice Law and Rules § 325
and Rule 326.
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. (L. 1948, c. 569)
a.
Demand. Trial by jury shall be deemed to be waived unless demanded
in the note of issue by the party serving the same, or by any other
party, in writing, within three days thereafter. The party demanding
a trial by jury shall file a copy of the demand with the clerk within
one day after the service thereof upon the opposing party, and must,
at the time of filing his demand, pay the fee prescribed by section
thirty-nine of this act.
b.
Jury lists. The officer in the county of Orange charged by law 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 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. 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 the marshal,
to summon the persons named therein to attend the court at a specified
time to serve as jurors.
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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, as nearly as may be, apply to the summoning and attendance
of jurors in the city court.
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e.
Numbers of jurors. A jury shall be composed of six persons, except
that either party may demand a jury of twelve.
f.
Drawing of jurors. The jury shall be selected from among the persons
summoned and attending pursuant to subdivision d of this section.
It shall be drawn in the same manner as in the county court, except
that where a jury consists of six persons, either party may peremptorily
challenge not more than three persons, and where the jury consists
of twelve persons either party may peremptorily challenge not more
than six persons. (L. 1948, c. 569)
A decision upon the trial of a non-jury case may be general
in form as though it were a verdict by a jury.
The decision and judgment of the court on the trial of a non-jury
case, or upon the hearing of a motion, shall be rendered within fourteen
days after the matter has been finally submitted for determination,
unless an extension of time be agreed to in writing or stipulated
in open court by both parties. If no decision is rendered within the
time thus limited, the cause may be again moved for trial, or the
motion may be renewed. The clerk shall forthwith notify all parties
to the action or proceeding or their attorneys of the granting and
entry of any decision or judgment. (L. 1948, c. 569)
1.
If the defendant fails to appear and answer as herein provided, the
clerk of the court shall, after the time to appear and answer has
expired, forthwith enter judgment for the relief demanded in the complaint
or notice in all cases in which the plaintiff is entitled to such
judgment without proof, and shall refer all the other cases to the
judge for his action.
2.
Upon application, the clerk must deliver a transcript of a judgment.
If the judgment is for the plaintiff in an action to establish a mechanic's
lien, the clerk shall insert in the transcript an additional statement
that the action was brought to establish a mechanic's lien and
that the lien has been duly established and adjudged against the interest
of the defendant in the property described in the complaint when the
notice of lien was filed. 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. In all cases wherein the judgment
creditor may be entitled to the issuance of a body execution, the
clerk shall insert in the transcript the words "Defendant liable to
execution against his person"; and a like note must also be made in
the docket of the judgment made by the county clerk.
3.
Upon presentation of a transcript of a judgment and payment of the
filing fee, the clerk of the county in which the judgment was rendered
must indorse upon the transcript the date of its receipt, must file
it in his office and must docket the judgment as of the time of the
receipt of the transcript, in a book kept by him 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, or for the establishment of a mechanic's lien,
he must enter in the docket the particulars of the judgment as stated
in the transcript.
4.
Upon the docketing of a judgment as prescribed in subdivision three
of this section it shall be deemed a judgment of the 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 thereof. (L. 1948, c. 569)
Except as otherwise specially prescribed by law an execution
may be issued on a judgement heretofore or hereafter rendered at any
time within five years after the rendition thereof, and shall be returned
within sixty days after it is issued, except that an execution may
be renewed for additional periods of sixty days each by a written
indorsement thereupon to that effect, signed by the clerk and dated
upon the day when the indorsement is made; provided, however, that
application for each renewal must be made prior to the expiration
of each sixty-day period. A garnishee may be issued by this court
in accordance with the provisions of section six hundred eighty-four
of the civil practice act.[1]
No execution shall issue out of the city court, after a transcript
of the judgment has been filed in the county clerk's office.
[1]
Editor's Note: See now Civil Practice Law and Rules §§ 5209,
5231.
Appeals in civil causes may be taken from the city court to
the county court in the manner provided in article forty of the civil
practice act, from
1.
A judgment in an action;
2.
A final order in a special proceeding;
3.
An order granting or denying a new trial;
4.
An order granting or denying a motion to open a default and to vacate
a judgment or final order entered thereon;
5.
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;
6.
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:
7.
An order denying a motion for summary judgment or for judgment on
the pleadings;
8.
Any other order, provided that leave to appeal be granted (a) by
the judge who made the order, upon motion made within eight days after
service of a copy of such order with notice of entry thereof, or (b)
in the event of the denial of such leave in the city court, by a judge
or justice of the appellate court, upon motion made within ten days
after such denial.
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Upon the determination of an appeal to the county court, as
provided in this section, or of a further appeal to the appellate
division, as provided in article forty of the civil practice act,
a certified copy of the order of the appellate court with the original
case or papers upon which the appeal was heard shall be transmitted
to the clerk of the city court, and the judgement, if any, rendered
or directed, pursuant to such order, shall be entered by such clerk.
(L. 1948, c. 569; amended L. 1958, c. 15)
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In a civil action or proceeding there shall be allowed to the
prevailing party, who has appeared by attorney, the following sums
as costs, which in no event shall exceed fifty dollars:
1.
To the plaintiff, if he recovers judgment after trial is commenced,
ten percentum of the amount recovered or of the amount demand in any
counterclaim, whichever is greater.
2.
To the defendant, if he recovers judgment after trial is commenced,
ten percentum of the amount demanded in the complaint or recovered
on his counterclaim, whichever is greater.
3.
To either party, who recovers judgment before trial, costs shall
be allowed at one-half of the rates prescribed by subdivisions one
or two, as the case may be.
4.
Where an action or counterclaim is discontinued before trial, costs
shall be allowed at the rates prescribed by subdivision three of this
section. Where an action or counterclaim is discontinued after the
trial thereof has commenced, costs shall be allowed at the rates prescribed
by subdivisions one or two, as the case may be.
5.
If the defendant interposes a counterclaim, and both the plaintiff's
complaint and the defendant's counterclaim are dismissed, costs
shall be awarded as follows: The plaintiff's costs shall be computed
at the rates prescribed in subdivision one of this section based on
the amount demanded in the counterclaim and the defendant's costs
shall be computed at the rates prescribed in subdivision two of this
section based on the amount of the plaintiff's claim; such computation
being made without regard to the limitation of fifty dollars prescribed
in this section; and the costs to be included in the judgment, in
no event to exceed fifty dollars, shall consist of the amount of the
difference between the plaintiff's costs and the defendant's
costs as thus computed and shall be awarded to the party whose costs
as above computed are the larger. Neither party shall be entitled
to disbursements. If the defendant interposes a counterclaim and both
the plaintiff and defendant recover on their claims, the plaintiff's
costs shall be awarded at the rates prescribed in subdivision one
of this section, based on the amount recovered upon his claim, and
the defendant's costs shall be awarded at the rates prescribed
in subdivision two of this section, based on the amount recovered
upon this claim; the costs to be included in the judgment shall consist
of the amount of the difference between the plaintiff's costs
and the defendants' costs, which shall be thus computed without
regard to the limitation of fifty dollars heretofore prescribed by
this section, and shall be awarded to the party whose costs as above
computed are the larger. Costs as finally awarded by virtue of this
subdivision shall not exceed fifty dollars.
6.
To the prevailing party, if the amount recovered does not exceed
fifty dollars, or to either party where provision for costs is not
otherwise made, the court may, in its discretion, award the sum of
five dollars.
7.
To either party, the court may, in its discretion, grant costs, not
exceeding $10, upon a motion, including the adjournment of a trial.
8.
In an action to establish or foreclose a lien, or in a replevin action,
costs shall be computed upon the basis of the value of the chattel
or the amount of the lien, as determined by the judgment or claimed
by the adverse party, as the case may be (L. 1948, c. 569)
The following fees and no others shall be paid in civil matters:
a.
Court fees. There shall be paid to the clerk of the court, before
the services hereinafter enumerated are performed:
1.
For issuing a summons, one dollar.
2.
For filing a note of issue, one dollar.
3.
For filing a notice of appeal, two dollars.
4.
For issuing an order of arrest, a warrant of attachment, a requisition
to replevy or a warrant of seizure, one dollar.
5.
For entry of judgment or final order, one dollar.
6.
For a trial by a jury of six, six dollars, or by a jury of twelve,
twelve dollars, to be paid by the party demanding the jury at the
time of filing the demand.
7.
For certifying a copy of a paper on file in the clerk's office,
ten cents for each folio of one hundred words, but in no case less
than twenty-five cents and except that no fee shall be charged for
certifying a return on appeal.
8.
For issuing a precept in a summary proceeding to recover possession
of real property, one dollar.
9.
For filing satisfaction of judgment, fifty cents.
10.
For each transcript issued, fifty cents.
11.
For issuing execution, fifty cents.
12.
For trial of an action by court, two dollars.
13.
For filing an order approving the compromise and settlement
of an infant's cause of action, one dollar.
14.
For taking proof of default before court, one dollar.
15.
For issuing an order for which no other fee is provided, one
dollar.
b.
Marshal's fees. There shall be paid to a marshal of the court,
by the party requiring his services, the same fees to which a sheriff
would be entitled for like services, if performed by him.
c.
Jurors' fees. The local legislative body may prescribe the per
diem compensation to be paid jurors. (L. 1948, c. 569; amended L.
1958, c. 15)
A prevailing party shall be allowed his necessary disbursements
whether he has appeared in person or by an attorney. (L. 1948, c.
569)
The court may adopt, amend and rescind rules not inconsistent
with this act, the civil practice act or the rules of civil practice.
Such rules shall become effective upon being approved by the justices
of the appellate division for the department in which the court is
located. The rules shall be entered upon the minutes of the city court
and shall be published as the chief judge may direct. (L. 1948, c.
569)
All orders, papers, undertakings and judgment rolls in actions
and proceedings in the court, required by statute or rule to be filed,
shall be filed in the office of the city judge. (L. 1948, c. 569)
