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.
D. 
An action upon the bond of a Marshal of the City Court of Albany, as prescribed in this Part 2.
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.