2006 New York Code - Procedures Relating To Corporations, Associations, Insurers And Assignees.



 
  § 1809-A.  Procedures  relating  to corporations, associations, insurers
               and assignees.
    (a) Any corporation,  including  a  municipal  corporation  or  public
  benefit   corporation,   partnership,  or  association,  which  has  its
  principal office in the state  of  New  York  and  an  assignee  of  any
  commercial  claim  may  institute  an  action  or  proceeding under this
  article.
    (b) No person or co-partnership, engaged directly or indirectly in the
  business of collection and adjustment of claims, and no  corporation  or
  association,  directly  or  indirectly,  itself  or  by  or  through its
  officers, agents or employees, shall solicit, buy or take an  assignment
  of,  or be in any manner interested in buying or taking an assignment of
  a bond, promissory note, bill of exchange, book debt, or other thing  in
  action,  or  any claim or demand, with the intent and for the purpose of
  bringing an action or proceeding thereon under this article.
    (c) A corporation, partnership or  association,  which  institutes  an
  action  or  proceeding  under this article shall be limited to five such
  actions or proceedings per calendar month. Such corporation, partnership
  or association shall complete and  file  with  the  clerk  the  required
  certification,  provided it is true and verified as to its truthfulness,
  as a prerequisite to the institution of an action or proceeding in  this
  part of the court.
    (d) A corporation may appear as a party in any action brought pursuant
  to  this  article  by  an attorney as well as by any authorized officer,
  director or employee of the corporation provided that the appearance  by
  a  non-lawyer  on  behalf of a corporation shall be deemed to constitute
  the requisite authority to bind  the  corporation  in  a  settlement  or
  trial.  The court or arbitrator may make reasonable inquiry to determine
  the authority of any  person  who  appears  for  the  corporation  in  a
  commercial claims part case.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.