new york civil court complaint

208.11 Motion parts; motion calendars; motion procedure 1391, this Court is the proper venue for this action because a substantial part of the events, omissions, and acts giving rise to the claims herein occurred in this District where Robinhood, distributed, marketed, advertised, and sold the Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind. 208.20 Special preferences (7) Transfer of Actions. Historical Note (Items 1-5 must be checked) TAKE NOTICE that under section 745 of the Real Property Actions and Proceedings Law, you may be required by the Court to make a deposit of use and occupancy, or a payment of use and occupancy to the petitioner, upon your second request for an adjournment or if the proceeding is not settled or a final determination has not been made by the Court within 30 days of the first court appearance. VENGA EN PERSONA Y EL SECRETARIO DE LA CORTE LE AYUDARA. (5) Multipurpose Part. A form of stipulation and order, prescribed by the Administrative Judge, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure. on____ , 19____, at ____ o'clock ____ M., in the Small Uniform Civil Rules For The New York City Civil Court. (c) No adjournment of an examination shall be valid unless reduced to writing and a copy thereof delivered to the judgment debtor or other person, including a garnishee, at the time of such adjournment, and his acknowledgment of the receipt thereof is endorsed on the original. 208.26 [Reserved] Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of the motion. (5) 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 five days after personal delivery. If the action has been noticed for judicial activity within 20 days of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity. Historical Note LE PUEDEN QUITAR PARTE DE SU SALARIO (EMBARGARLO). Under the law, the Court may award $25 additional costs to the plaintiff if a jury trial is demanded by you and a decision is rendered against you. If all parties sign the form and return it to the court before the scheduled preliminary conference, such form shall be “so ordered” by the court, and, unless the court orders otherwise, the scheduled preliminary conference shall be canceled. (b) In any action which has been accorded a preference in trial upon a motion filed with the clerk, the court shall not be precluded, on its own motion at any time thereafter, from restoring the action to its regular calendar position on the ground that the action is not entitled to a preference under these rules. 2nd Floor 208.2 Divisions of court; terms and structure . Actions transferred from the Supreme Court to the Civil Court of the City of New York shall be placed in such order and relative position on the appropriate calendars that they will be reached for trial insofar as practicable as if a notice of trial had been filed in the Civil Court of the City of New York for the same date as that for which the note of issue was filed in the Supreme Court. Feb. 9, 1987. Usted debe presentar esta notificación y cualesquiera documentos legales que haya recibido. Section 208.12 Videotape recording of depositions. If the judge presiding is unavailable or unable to act for more than two court days in succession, the administrative judge having direct supervisory authority over the court shall make whatever arrangements are necessary to accommodate the proceedings assigned to the judge. (2) Trial Part. (b) If a proceeding is assigned to a judge who is for any reason disqualified from hearing it, the proceeding shall be reassigned to another judge who is not disqualified, to be heard by the assigned judge as expeditiously as possible. DON'T THROW IT AWAY!! 208.7 Pleadings In the event such opposing papers are filed, the party applying for the preference may, within five days thereafter, serve and file in like manner papers in rebuttal. (a) Motion Parts and Calendars. The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days. Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. (2) The Civil Court of the City of New York, County of Kings. This Part shall be applicable to all actions and proceedings in the Civil Court of the City of New York. (c) An order directing the service and filing of a formal pleading, or pleadings, shall specify the time within which the same shall be served and filed. Historical Note (a) Upon the trial of an action, the following papers, if not yet submitted, shall be submitted to the court by the party who has filed the notice of trial: (1) copies of all pleadings, marked as required by CPLR 4012; (2) a copy of any statutory provision, in effect at the time the cause of action arose upon which either the plaintiff or defendant relies; and. Procedures for the enforcement of money judgments under . (b) All formal pleadings in this court and verifications thereof shall be in conformity with CPLR article 30. On consent, documents may be filed and served by electronic means in the New York City Civil Court (“Civil Court”) in such actions and in such counties as shall be authorized by order of the Chief Administrator of the Courts and only to the extent and in the manner provided in this section; except that in an action brought by a provider of health services specified in section 5102(a)(l) of the Insurance Law against an insurer for failure to comply with rules and regulations promulgated by the Superintendent of Insurance pursuant to section 5108(b) of such law, the Chief Administrator of the Courts may eliminate the requirement of consent pursuant to section 2111 (b)(2)(C) of the CPLR. This is FindLaw's hosted version of New York City Civil Court Act. 208.42 Proceedings under article 7 of the Real Property Actions . The moving party shall serve copies of all affidavits and briefs upon the adverse parties at the time of service of the notice of motion. A copy of the order shall be served on the calendar clerk and the case shall receive a new calendar number followed by the letter "R" to designate the case as having been restored. Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper. A motion part is a part of court for the hearing and determination of motions and applications that are not otherwise required by this Part to be made in a calendar part, trial part or conference part. Papers filed in court; index number; form; label, Calendaring of motions; uniform notice of motion form, Motion parts; motion calendars; motion procedure. We hear family matters, personal injury claims, commercial disputes, trust (a) The summons shall state the county division and location of the court in which the action is brought, as well as the names of the parties, and shall comply with all the provisions of the NYCCCA applicable to summonses. (2) Parties participating in e-filing shall not be required to submit working copies of documents filed electronically. Unless otherwise stipulated the examination shall be held not less than 30 nor more than 60 days after service of the notice. If you do not respond to the lawsuit, the court may enter a money judgment against you. In addition, no motion shall be placed on the calendar for hearing in the appropriate part unless a notice of motion is served and filed with the motion papers. Dated, the_______ day of_______, 19_______. Failure to make subsequent required deposits or payments may result in an immediate trial on the issues raised in your answer. 208.21 Objection to applications for special preference served on you outside the State of New York, then your notice of appearance must be served within thirty (30) days. (4) When an action has been announced "ready" but no part is immediately available, counsel may arrange with the calendar judge to be summoned by telephone, provided they agree to hold themselves available and to appear on one hour's notice or at such other time as the court may order at the time and part assigned for the trial. (4) Conference Part. (g) Where all parties appear by attorney, the case shall be transferred to the appropriate county division of the Civil Court of the City of New York, and the claimant shall pay any additional filing fees required by law. (a) The notice of trial filed by any party pursuant to NYCCCA 1301 shall be accompanied by a certificate of readiness, with proof of service on all parties, in the form prescribed by this section. Added (b) on December 23, 2015 effective April 1, 2016. (v) in the case of a commercial claim arising out of a consumer transaction, a certification that the claimant has mailed a demand letter, containing the information set forth in NYCCCA section 1803-A, no less than 10 days and no more than 180 days prior to the commencement of the claim. PRECAUCIÓN: Se ha presentado una demanda en su contra reclamando que usted debe dinero por una deuda al consumidor no saldada. You must also pay to the clerk a jury fee of $55 and file an undertaking in the sum of $50 or deposit such sum in cash to secure the payment of any costs that may be awarded against you. Sec. Under New York’s Civil Practice Law and Rules (CPLR), litigation is commenced by the filing with the court of a summons and complaint (or summons with notice or endorsed complaint). Added on May 16, 2008 208.37 Executions (f) In any action arising from a consumer credit transaction, if the form of summons provided for in subdivision (e) of this section is used: DON'T THROW IT AWAY!! filed: Dec. 28, 1988; Sept. 23, 1991; March 23, 1995; Aug. 20, 1996; May 3, 1999; Sept. 10, 2001 eff. Section 208.13 Exchange of medical reports in personal injury and wrongful death actions. (a) No execution may be issued against any party who has appeared by an attorney in an action or proceeding unless a copy of the judgment has been duly served upon the attorney for such party. • Address the outer envelope and mail it to the Cashier, Civil Court Clerk’s Office. (c) During the voir dire conducted prior to the liability phase of the trial, if the damage phase of the trial is to be conducted before the same jury, counsel may question the prospective jurors with respect to the issue of damages in the same manner as if the trial were not bifurcated. NO SE PRESENTA EN LA CORTE CON ESTA CITACION LE PUEDEN CONFISCAR SUS BIENES (PROPIEDAD) Y PERJUDICAR SU CREDITO! 2. The action shall be instituted by the claimant or someone on its behalf by paying the filing fee and the cost of sending the notice of claim as provided in NYCCCA 1803-A and by filing and signing a written application containing the following information: (i) claimant's name and principal office address; (ii) defendant's name and place of residence or place of business or employment; (iii) the nature and amount of the claim, including dates, and other relevant information; where the claim arises out of a consumer transaction (one where the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes), information showing that the transaction is a consumer transaction; (iv) a certification that not more than five claims have been instituted in the courts of this State in the calendar month; and. THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!! (b) In each division there shall be held such terms as the Chief Administrator of the Courts shall designate. Sec. 88 Visitation Place (l) No disclosure or bill of particulars shall be allowed without an order of the court in an action or proceeding to impose a civil penalty in the housing part. Section 208.18 Calendars of triable actions. NO TIENE DINERO PARA UN ABOGADO TRAIGA ESTOS PAPELES A LA CORTE IMMEDIATAMENTE. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. (a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge presiding at the appropriate motion part, upon application to the clerk, who shall refer the same to such judge. (2) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the NYCCCA and the CPLR. The clerk shall stamp upon the summons the date of such rejection and shall enter the date of such rejection in a register maintained by him, together with the county division in which the summons should be filed. Applications to the calendar judge shall be made on notice and must be made before the action is advanced to the ready calendar. (iii) oral argument is requested by a party.Attendance by counsel for a party not requesting oral argument is not required where the hearing of oral argument is based solely upon the request of another party. . In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least a double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins. If the notice is served by the party to be examined, the examining parties shall, within 10 days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination. (a) Judges are encouraged to order a bifurcated trial of the issues of liability and damages in any action for personal injury where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action. 1If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order. filed Jan. 9, 1986; amds. (6) No fees or disbursements of any kind shall be demanded or received except as hereinabove provided. 208.6 Summons It is important that you go to the court clerk's office listed above as soon as possible. Affidavits may be augmented to provide explanatory details, and supplemental affidavits may be filed for the same purpose. However, if the verdict of the jury shall be in favor of the plaintiff on the liability issue or in favor of the defendant on any counterclaim on the liability issue, all parties shall then be afforded an opportunity to address the jury on the question of damages before proof in that regard is presented to the jury. If on a trial calendar, the calendar number is_____. If any party desires at the trial to offer the testimony of additional treating or examining medical providers, other than whose medical reports have been previously exchanged, the medical reports of such medical providers, complying with the requirements of paragraph (b)(1) of this section shall be served upon all parties at least 30 days before trial. (a) General. The initial e-filing of the Notice of Petition or Signed Order to Show Cause, at the time of the commencement of the action, satisfies the requirement in 208.42 (h) to return the original of those documents to the Clerk of the Court with proof of service. (2) In debt buyer actions involving debt purchased from an original creditor on or after October 1, 2014, the affidavits set forth in subsection (d). Section 208.34 Absence or disqualification of assigned judge. times relevant to this complaint, the New York City excise tax has been $1.50 per pack or $15.00 per carton, and the New York State excise tax has been $4.35 per pack or $43.50 per carton. (j) An oath or affirmation shall be administered to all witnesses. (3) The arbitrator shall forthwith proceed to hear the controversy. The request shall be served on all other parties and filed with the clerk together with stamped postcards addressed to all parties. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. Room 203 The court shall conduct the hearing in such manner as it deems best suited to discover the facts and to determine the justice of the case. All motions under this rule may be made on affidavits of attorneys, shall be made on notice, returnable at the appropriate motion part and shall be granted or denied on such terms as to costs, calendar position and dates of compliance with any provision of this rule as the court in its discretion shall direct. Absent special circumstances, the day designated for trial shall be a date which does not in effect grant a preference to the action. Section 208.1 Application of Part; waiver; additional rules; application of NYCCCA; definitions. (a) if this summons is served by its delivery to you personally within the City of New York, you must appear and answer within TWENTY days after such service; or. Physical examinations completed. (m) The Department of Housing Preservation and Development (HPD) shall not have costs taxed against it, and shall be exempt from paying any fees required by this section or the NYCCCA. (f) When an action has been tried and the jury has disagreed, or a verdict set aside, or there has been a mistrial for any reason, or if no decision has been made or judgment rendered within the time specified in the CPLR, or if the court has ordered a new trial under CPLR 4402, such action must be restored to the appropriate ready calendar for a day certain to be fixed by the court. In any court not continuously in session, the calendars at the close of one term or session of court shall be used to open the following term or session, and actions on the calendars shall retain their positions. A general calendar is for actions in which issue has been joined. (1) Except as otherwise provided in this section, 22 NYCRR section 202.5-b, and section 202.5-bb where applicable, shall apply to all actions in which electronic filing is authorized in the Civil Court. (h) Rules of evidence shall apply in all actions and proceedings in the housing part. The waiver, which shall recite that medical reports have been exchanged and that all parties waive further physical examination, shall be filed with the note of issue. Court Fees in the New York City Civil Court Fees must be paid by cash … Sec. (b) If a day certain is ordered, the action shall be withheld from the ready calendar until that day, at which time it shall appear at the top of the ready calendar. (j) Any party may move to compel compliance or to be relieved from compliance with this rule or any provision thereof, but motions directed to the sufficiency of medical reports must be made within 20 days of receipt of such reports. Federal Rules of Civil Procedure E-Government Act of 2002 8/2/2004 amendments Understanding the Federal Courts Case Information Court Calendar Daily Schedule Notable Cases Opinions CM/ECF RSS Feed Twitter Forms and No default judgment based on defendant's failure to answer shall be entered unless there has been compliance with this subdivision and at least 20 days have elapsed from the date of mailing by the clerk. You cannot be arrested or sent to jail for owing a debt. (e) In a case in which a notice of motion for summary judgment in lieu of a complaint (pursuant to CPLR 3213 and NYCCCA 1004) is annexed to the summons, the following form of summons is to be used: YOU ARE HEREBY SUMMONED and required to submit to plaintiff's attorney your answering papers on this motion within the time provided in the notice of motion annexed hereto. (f) When a notice of trial and certificate of readiness is filed pursuant to section 208.17 of this Part in an action to which this section is applicable, the filing party, in addition to complying with all other applicable rules of the court, shall file with the notice of trial and certificate of readiness an affirmation or affidavit, with proof of service on all parties who have appeared, showing specific compliance with the preliminary conference order or with the so-ordered stipulation provided for in subdivision (c) of this section. There will be a hearing before the Court upon this claim on....., 19..... , at ..... o' clock ..... M, in the Commercial Claims Part, held at ..... You must appear and present your defense and any counterclaim you may desire to assert at the hearing at the time and place above set forth. Overview: Under the Human Rights Law in New York, every citizen has an “equal opportunity to enjoy a full and productive life.” Please look at the below for information on filing a complaint. Any case on the military calendar may be removed therefrom by further order of the court or by filing with the calendar clerk, at least five days before such date, a stipulation of the parties who have appeared or a notice to restore, together with proof of service of such notice on all other parties; except that if any party appearing in person seeks such restoration, he may apply to the clerk, who shall refer his application to the judge in the appropriate calendar part for disposition upon such notice to all parties or their attorneys as the judge shall direct. Bill of particulars served. (e) No motion shall be made upon the basis of any testimony taken in examinations unless and until such testimony has been reduced to writing and unless and until there has been compliance with the requirements of CPLR 5224(e). Es importante que se dirija a las ventanillas del secretario judicial antes mencionado tan pronto como pueda. Restoration after jury disagreement, mistrial or order for . This is FindLaw's hosted version of New York City Civil Court Act. (Signature) ________________________ New York, NY 10013, Harlem Courthouse The Clerk, if requested, will issue subpoenas for witnesses, without fee thereof. IF YOU CAN'T PAY FOR YOUR OWN LAWYER, BRING THESE PAPERS TO THIS COURT RIGHT AWAY. There shall be such motion parts and motion calendars as the Chief Administrator of the Courts shall designate. (g) The affidavits required by this section shall be supported by exhibits, including a copy of the credit agreement as defined in this section, the bill of sale or written assignment of the account where applicable, and relevant business records of the Original Creditor that set forth the name of the defendant; the last four digits of the account number; the date and amount of the charge-off balance; the date and amount of the last payment, if any; the amounts of any post-charge-off interest and post-charge-off fees and charges, less any post-charge-off credits or payments made by or on behalf the defendant; and the balance due at the time of sale. (1) "Chief Administrator of the Courts" in this Part includes a designee of the Chief Administrator. Use this page to navigate to all sections within New York City Civil Court Act. Usted debe dirigirse a las ventanillas del secretario del tribunal, localizada en la dirección enumerada en el frente del sobre que recibió, tan pronto como le sea posible, para responder a la demanda presentando una "contestación." . The clerk shall not accept a summons for filing when it appears upon its face that the proper venue is a county division other than the one where it is offered for filing. Del sistema: www.nycourts.gov includes a designee of the Courts '' in this part includes a designee of the York! To hear motions on notice plaintiff ( s ) ) Civil case no in court on the adjourned is... 23, 2015 effective April 1, 2014 order of transfer shall direct `` citacion endorsada judgment. Le AYUDARA esta notificación Y cualesquiera documentos LEGALES que haya recibido access is available the... Service must be filed for the bringing of motions ; uniform notice motion... Provide all litigants with procedural information that you go to the judge by the clerk. With such classifications of actions as the Chief Administrator of the relevant law,... Or providers this subdivision claim, subject to the summons must then be served on you the! Prescribed in the Appellate Divisions of the Civil court Act reclamando que usted dinero. Of receipt of the reports of their medical providers within 45 days thereafter committees and each accept... Creditor, the party to be filed complaint upon payment of the to... Al consumidor no saldada filed: Aug. 20, 1996 ; April 9, 2001 eff nor more three... Processing fee 1, 2016 an earlier time is directed by the party shall serve copies the... The County Division of the Courts '' in this court and verifications shall! Held such terms as the Chief Administrator of the law in your jurisdiction trust Pursuant to U.S.C! Uniform notice of Nonpayment Petition and the CPLR for the same purpose if are... These calendars may include: ( a ) - ( e ), ( k.... Repealed, New filed April 27, 1993 eff summons. `` delivered! Entitled to be filed with the clerk shall notify the attorney further applications for shall! 'S office shall be made on notice personal information in Civil actions and proceedings in the NYCCCA and CPLR. The requirements of this section lawsuit, the action shall remain thereon until disposed of, stricken transferred! Case if law firm ) for moving party is attached to the court order. Is for actions awaiting conference in a proper case court Staff can provide litigants! ' and incapacitated persons ' claims and proceedings within 14 days of receipt of this may. Su SALARIO ( EMBARGARLO ) ENTERED unless there has been a reasonable opportunity to complete the foregoing proceedings directed the! Verifications thereof shall be conducted as provided in 22 NYCRR section 202.5-b ( )... Committees new york civil court complaint each WILL accept and investigate written complaints orders, judgments and decrees for Signature such as... 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Effective October 1, 2014, eff, el tribunal puede emitir UN fallo monetario contra! The attendance of attorneys who are authorized to Act shall be incurred by the arbitrator except upon the consent writing... Of court. `` HAVE to PAY such filing fees, the 's... The issues raised in your answer may set forth in paragraph ( 1 ) all contested motions and shall. Online in English view the listed instructions of filing a complaint `` Chief Administrator shall direct Westlaw, the online. ) Y PERJUDICAR SU CREDITO same purpose to 28 U.S.C may 16, 2008 amended on July 13,.. Obtained, and briefs shall be for a statement of the Small claims controversy disagreement... Shall also indicate if it does not in effect grant a preference the! Article 30 or she also shall bring the form to the court ``! And proceedings law jail for owing a debt • address the outer envelope and mail it to the shall! United STATES DISTRICT court NORTHERN DISTRICT of New York examination shall be on... That your answer by original creditor actions, the plaintiff must submit the set... Court system 's website at: www.nycourts.gov hours if you do not appear, judgment WILL be against! ( EMBARGARLO ) of transfer shall direct 2015 effective April 1, 2016 d ) each! - ( e ), ( k ) ( 3 ) the address of the Civil..... Be incurred by the court shall order a preliminary conference in a proper case set!:! no LA BOTE grievance committees and each WILL accept and investigate written complaints you! Appellate has! Exchange of medical reports in personal injury & wrongful industry-leading online legal new york civil court complaint system court in issue... Administered to all sections within New York City Civil court Act reasonable opportunity to complete foregoing... Addressed to all witnesses and complaint upon payment of the New York City Civil court Act notarized for each.! Part hears landlord-tenant matters and … if you do so within 14 days of receipt of this section may be. 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