Limitation on right to resort to commercial claims procedures

Uniform City Court Act

Section: 1810-A

Jurisdiction: NY

Bluebook Citation: Uniform City Court Act § 1810-A

§ 1810-A. Limitation on right to resort to commercial claims procedures.\n If the clerk shall find that the procedures of the commercial claims\npart are sought to be utilized by a claimant for purposes of oppression\nor harassment, as where a claimant has previously resorted to such\nprocedures on the same claim and has been unsuccessful after the hearing\nthereon, the clerk may in his discretion compel the claimant to make\napplication to the court for leave to prosecute the claim in the\ncommercial claims part. The court upon such application may inquire into\nthe circumstances and, if it shall find that the claim has already been\nadjudicated, or that the claim is sought to be brought on solely for\npurposes of oppression or harassment and not under color of right, it\nmay make an order denying the claimant the use of the commercial claims\npart to prosecute the claim.\n

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