§ 1801-A Commercial claims defined
§ 1802-A Parts for the determination of commercial claims established
§ 1803-A Commencement of action upon commercial claim
§ 1804-A Informal and simplified procedure on commercial claims
§ 1805-A Remedies available; transfer of commercial claims
§ 1806-A Trial by jury; how obtained; discretionary costs
§ 1807-A Proceedings on default and review of judgments
§ 1808-A Judgment obtained to be res judicata in certain cases
§ 1809-A Procedures relating to corporations, associations, insurers and assignees
§ 1810-A Limitation on right to resort to commercial claims procedures
§ 1811-A Indexing commercial claims part judgments
§ 1812-A Enforcement of commercial claims judgments
§ 1813-A Duty to pay judgments
§ 1814-A Designation of defendant; amendment procedure

Terms Used In New York Laws > New York City Civil Court > Article 18-A - Commercial Claims

  • Account: means any account with a bank and includes a checking, time, interest or savings account;
    (b) "Afternoon" means the period of a day between noon and midnight;
    (c) "Banking day" means that part of any day on which a bank is open to the public for carrying on substantially all of its banking functions;
    (d) "Clearing house" means any association of banks or other payors regularly clearing items;
    (e) "Customer" means any person having an account with a bank or for whom a bank has agreed to collect items and includes a bank carrying an account with another bank;
    (f) "Documentary draft" means any negotiable or non-negotiable draft with accompanying documents, securities or other papers to be delivered against honor of the draft;
    (g) "Item" means any instrument for the payment of money even though it is not negotiable but does not include money;
    (h) "Midnight deadline" with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later;
    (i) "Obligated bank" means the acceptor of a certified check, the issuer of a cashier's check, or the drawer of a teller's check;
    (j) "Properly payable" includes the availability of funds for payment at the time of decision to pay or dishonor;
    (k) "Remitter" means the buyer from the obligated bank of a cashier's check or a teller's check, and the drawer of a certified check;
    (l) "Settle" means to pay in cash, by clearing house settlement, in a charge or credit or by remittance, or otherwise as instructed. See N.Y. Uniform Commercial Code 4-104
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • commercial claims: as used in this article shall mean and include any cause of action for money only not in excess of the maximum amount permitted for a small claim in the small claims part of the court, exclusive of interest and costs, provided that subject to the limitations contained in section eighteen hundred nine-A of this article, the claimant is a corporation, partnership or association, which has its principal office in the state of New York and provided that the defendant either resides, or has an office for the transaction of business or a regular employment, within the city of New York. See N.Y. New York City Civil Court Law 1801-A
  • consumer transaction: means a transaction between a claimant and a natural person, wherein the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes. See N.Y. New York City Civil Court Law 1801-A
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Instrument: means a negotiable instrument. See N.Y. Uniform Commercial Code 3-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • order: is a direction to pay and must be more than an authorization or request. See N.Y. Uniform Commercial Code 3-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.