Actions in which no fees to be charged; employees; actions by governmental units

Uniform District Court Act

Section: 1912

Jurisdiction: NY

Bluebook Citation: Uniform District Court Act § 1912

§ 1912. Actions in which no fees to be charged; employees; actions by\n governmental units.\n (a) Employee's action. When the action is brought by an employee\nagainst an employer for services performed by such employee, the clerk\nshall not demand or receive any fees whatsoever from the plaintiff or\nhis attorney, if the plaintiff shall present proof by his own affidavit\nthat his demand does not exceed three hundred dollars exclusive of\ninterest and costs; that he is a resident of or an employee in the\ncounty; that he has a good and meritorious cause of action against the\ndefendant and the nature thereof; and that he has made either a written\nor a personal demand upon the defendant or his agent for payment thereof\nand payment was refused; provided that if the plaintiff shall demand a\ntrial by jury, he must pay to the clerk the fees therefor.\n (b) Actions by governmental units. In an action brought in the name of\nthe people of the state of New York by the attorney general or the\ndistrict attorney of the county, or in the name of the county or of any\ndepartment, board or officer thereof, by the county attorney of the\ncounty, or in the name of any special district by the commissioners\nthereof, or in the name of any village by the village counsel, or in the\nname of any school district by the board of education or trustees\nthereof, for the recovery of a penalty, or in the name of a town by the\ntown attorney, or in the name of the trustees of a town by the trustees\nfor the recovery of a penalty, the recovery of money damages, or the\nenforcement of a local law, ordinance or regulation, no fees shall be\nrequired to be paid by the plaintiff to the clerk and no costs shall be\ntaxed against the plaintiff; but in case such plaintiff recovers\njudgment, the costs and taxable disbursements shall be included therein,\nand if collected shall be accounted for.\n

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