Sat 19 Nov 2005
New York Small Claims Court
Posted by Mark LyonCourt Name: In New York City, Small Claims cases are heard in City Civil Court; in Nassau and Suffolk Counties in District Court, except 1st District; in other cities in City Court. In rural areas, cases are heard in Justice Court.
Dollar Limit: $3,000.
Where To Sue: Where defendant resides, is employed or maintains a business office.
Service: Certified or registered mail, court-approved adult. If after 21 days not returned as undeliverable, then notice presumed.
Hearing Date: Set by court.
Attorneys: Allowed; required for most corporations.
Transfer: Within court's discretion to appropriate court.
Appeals: By defendant only for review of law, not facts or by plaintiff if "substantial justice" was not done; to County Court or Appellate Terms within 30 days.
Special Provisions: No equitable relief. Non-appealable arbitration available. Corporations and partnerships may not sue. Right to sue may not be transferred. Jury trial available to defendant. Defendant must file affidavit stating the issues that require a jury trial. Business judgment-debtors must pay within 35 days or $100 may be added to judgment. Businesses that fail to pay judgments may face a refusal of renewal of grant of business license from authorities. No counterclaims allowed in Small Claims unless within the dollar limit.
Entity to Sue: Sony BMG is a Delaware-based General Partnership with its principal place of business in New York. It, however, does business in all fifty states. The Court should serve a copy of the complaint on:
- Mr. Andrew Lack
- CEO SONY BMG Music Entertainment
- 550 Madison Avenue
- New York, NY 10022
- (212) 833-8000
Court rules may change at any time. Contact the Clerk of your local Court to verify the accuracy of this information and to get copies of any necessary forms.