2006 New York Code - Remedies Available; Transfer Of Commercial Claims.



 
    §  1805-A. Remedies available; transfer of commercial claims. (a) Upon
  determination of a commercial claim, the court shall direct judgment  in
  accordance  with  its  findings,  and,  when necessary to do substantial
  justice between the parties, may condition the entry  of  judgment  upon
  such terms as the court shall deem proper. Pursuant to section fifty-two
  hundred  twenty-nine  of  the  civil  practice  law  and rules, prior to
  entering  a  judgment,  the  court  may  order  the  examination  of  or
  disclosure by, the defendant and restrain him to the same extent as if a
  restraining notice had been served upon him after judgment was entered.
    (b)  The  court  shall  have power to transfer any commercial claim or
  claims to any other part of the court upon such terms as the  rules  may
  provide,  and  proceed  to hear the same according to the usual practice
  and procedure applicable to other parts of the court.
    (c) No counterclaim shall be permitted in a commercial claims  action,
  unless   the  court  would  have  had  monetary  jurisdiction  over  the
  counterclaim if it had been filed as a  commercial  claim.    Any  other
  claim  sought  to be maintained against the claimant may be filed in any
  court of competent jurisdiction.
    (d) If the defendant appears to be engaged in repeated  fraudulent  or
  illegal acts or otherwise demonstrates persistent fraud or illegality in
  the  carrying on, conducting or transaction of business, the court shall
  either advise the attorney general in relation to  his  authority  under
  subdivision twelve of section sixty-three of the executive law, or shall
  advise  the  claimant to do same, but shall retain jurisdiction over the
  commercial claim.
    (e) If the defendant appears to be engaged in  fraudulent  or  illegal
  acts  or  otherwise demonstrates fraud or illegality in the carrying on,
  conducting or transaction of a licensed or certified business, the court
  shall  either  advise  the  appropriate  state  or  local  licensing  or
  certifying  authority or shall advise the claimant to do same, but shall
  retain jurisdiction over the commercial claim.

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