NEW YORK CITY MUNICIPAL COURT CODE [L. 1915, CH. 279, AS AMENDED, 1922.] [In effect September 1, 1915.] AN ACT in relation to the municipal court of the city of New York, its justices and officers. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Title I. Organization and jurisdiction. (§§ 1-16.) II. Venue and commencement of actions, parties. (§§ 17-28.) III. Provisional remedies and actions to foreclose liens on chattels. II. Attachment. (§§ 39-56.) III. Replevin. (§§ 57-69.) IV. Action to foreclose a lien on a chattel. (§§ 70-77.) IV. Pleadings. (§§ 78-94.) (§§ 29-77.) V. Proceedings between joinder of issue and trial. (§§ 95-117.) II. Commission to take testimony; depositions; physical examination. VI. Trial; jurors; submission of controversy. (88 118-124.) Article I. Judgments. (§§ 125-129.) II Marshals. (§§ 145-153.) IX. Appeals. (§§ 154-163.) X. Costs and fees. (§§ 164-178.) XI. Definitions; construction and effect of act. (§§ 179-186.) TITLE I ORGANIZATION AND JURISDICTION Section 1. The court and justices continued; term of office. 2. Qualifications and duties of justices; oath of office. 3. Salaries of justices. 4. Vacancy in the office of justice. 5. Districts and number of justices therein. 6. Jurisdiction. 7. Board of justices. 8. Rules of court. 9. Death or removal of justice not to affect proceedings. 10. Time and place of holding court. 11. Seals. 12. Access to court houses; expenses of court, how paid. 13. Criminal and civil contempt. 14. Process; where service may be made. 15. Conformity to supreme court practice. § 1. The court and justices continued; term of office. The municipal court of the city of New York, as it exists on the thirty-first day of August, nineteen hundred and fifteen, shall be continued; provided, however, that from and after the first day of September, nineteen hundred and fifteen, it shall be a court of record. The justices thereof in office when this act takes effect shall continue to hold office until the expiration of their respective terms. The successors of said justices shall be elected for terms of ten years by the electors of the several municipal court districts, as hereby constituted, at the general election to be held in the years at the end of which the respective terms of said justices shall expire. EDITORIAL NOTES Source: New. Municipal Court made a court of record. This section supersedes Greater NY Charter §§ 1350. 1351, 1353 (as amended by L 1907, ch 603 and L 1911, ch 608) and 1356. Star (*) means read Not into HEADLINE in capitals. The special use herein of this simple device makes it possible to annotate alphabetically the precise point of every case by means of a headnote or Headline and a subnote or Subline followed by a reading note. Each Headline is made from the text of the Section annotated, and is arranged in logical sequence. Each Subline indexes the subject matter of its reading note, and is arranged alphabetically. The Headline and the Subline with its reading note, taken together, state completely the precise point decided, and furnish both a logical analysis and an alphabetical index. The use of such device marks a distinct advance in the art of annotating statutes by avoiding the serious defect, heretofore found in all statutory annotations, of annotating the same or closely related matters under both affirmative and negative headings, like "Particulars granted" and "Particulars not granted," of dividing contrary views of the same or similar facts, even of separating conflicting cases on precisely the same point, and of requiring the lawyer to read all the cases under both headings to find all the law. Such a division of matter necessarily sacrifices accuracy, clearness and conciseness, as well as time and efficiency, and is never justifiable. defect is caused by using both affirmative and negative headings; it may be avoided, and all related matters be annotated under one heading, by using only affirmative headings and by using the Star (*) to denote the negative. So herein every heading or Headline is affirmative, like "Particulars granted"; the negative is denoted by the Star (*), placed before the case cited, which means, reading "Not" into the Headline, "Particulars not granted." For illustration, all unstarred cases show what particulars are granted, and all starred cases show what particulars are "not" granted. Do not confuse the HEADLINE printed in capitals with the Subline printed in lower case black face. ORIGIN OF COURT STATED Such a Consolidation and reorganization: of District Court of City of NY and Justices' Courts of 1st, 2nd and 3rd districts of city of Brooklyn (Ress 80 Mis 231, 140 NYS 975). Continuation: of former district courts (Hottenroth 61 Mis 108, 112 NYS 1111); of former municipal court with all powers possessed (Degnon 98 Mis 251, 162 NYS 1051). Judicial system of state: part of (Ress 80 Mis 231, 140 NYS 975). New court: municipal court is not, it is a continued, consolidated, and reorganized court (Levy 192 AD 550, 182 NYS 792). NATURE OF COURT STATED Single tribunal: (Ress 80 Mis 231, 140 NYS 975). Successor of: Assistant Justices' Courts, District Courts of NY and Justices' Courts of certain districts of Brooklyn (Levy 192 AD 550, 182 NYS 792). MUNICIPAL COURT IS A COURT OF RECORD Constitutional: provision making is (Levy 192 AD 550, 182 NYS 792; Scheidlinger 94 Mis 322, 158 NYS 27, rev 174 AD 887). Statute: so provides (Greenwald 179 AD 672, 167 NYS 154; Bertrand 163 NYS 70). POWERS POSSESSED AS INHERÉNT TO COURT OF RECORDAmend judgment: by increasing amount on motion after trial (*Machinowitz 119 NYS 666). Contempt: punish for (Ludwig 187 NYS 325). Costs: award to defendant on voluntary discontinuance of action subject matter of which not within jurisdiction (*Seacoast Trust Co 100 Mis 482, 166 NYS 58). Examination before trial: of party, grant (Scheidlingler 94 Mis 322, 158 NYS 27, rev 174 AD 887; *Mitchell 94 Mis 270, 158 NYS 31). General powers: of such courts, as defined by CPA § 63, but new rights and remedies are not applicable to municipal court unless they fall within the purview of MCC § 15 (Mitchell 94 Mis 270, 158 NYS 31). Judgment: grant motion for in action for rent on affidavits setting up prior adjudication of reasonableness of rent in summary proceeding (Paterno Const Co 191 NYS 517); on pleadings, grant motion for (*Roberts 62 Mis 261, 114 NYS 898). Vacate default judgment: entered before MCC took effect, in view of § 181 providing that act shall not be retroactive (*Gaynor 97 Mis 662, 162 NYS 463); for nonservice of summons (*Review & Record Co 65 Mis 503, 120 NYS 100). TERRITORIAL JURISDICTION STATED— City of New York: coterminous with boundaries of (Degnon 98 Mis 251, 162 NYS 1051). DISTRICT IN WHICH JUSTICE MAY PRÉSIDE Any: provision for holding court in district other than that in which elected constitutional (Sakolski 50 Mis 151, 98 NYS 190). PROVISIONS OF ELECTION LAW APPLICABLE TO ELECTION OF JUSTICES— Independent nomination: for borough or county office, fixing number of petitioners (*Richards 179 AD 823, 167 NYS 152; Greenwald 179 AD 672, 167 NYS 154). JUSTICES REMOVABLE By appellate division: of supreme court, notwithstanding statutory provision making municipal court a court of record (Levy 192 AD 550, 182 NYS 792). § 2. Qualifications and duties of justices; oath of office. No one shall be eligible to the office of justice of this court, after the first day of September, nineteen hundred and fifteen, unless he be a resident and elector in the district for which he shall be elected or appointed and shall have been an attorney and counselor-at-law of the state of New York for at least five years or unless he shall have served as a justice of such municipal court. No justice shall engage in any other business or profession, or hold any other public office, or act as referee or receiver, but each justice shall devote his whole time and capacity, so far as the public interest demands, to the duties of his office. Before entering upon his duties each justice elected or appointed pursuant to this act, shall take and file with the city clerk the oath of office prescribed by the constitution. The justices may, by virtue of their offices, administer oaths, take depositions and acknowledgments within the city of New York, and certify the same in the manner and with like effect as justices of other courts of record. EDITORIAL NOTES Source: New. Supersedes Greater NY Charter §§ 1353 and 1354 without change. Last sentence includes MCA § 10, from L 1901, ch 466, § 1379; CCP §§ 914-917, 3319. Star (*) means read Not into HEADLINE in capitals. For explanation see MCC § 1. JUSTICE RESIDENT OF DISTRICT FOR WHICH ELECTED— Residence changed: from one address to another and family absent part of time (Levy 198 AD 333, 190 NYS 383). JUSTICE ENGAGED IN OTHER BUSINESS— Authorship: of series of historical and other articles (Levy 198 AD 333, 190 NYS 383). Labor disputes: settled (*Levy 198 AD 333, 190 NYS 383). Stock owned: in corporation, floor in building owned by it occupied by justice as chambers without charge (*Levy 198 AD 333, 190 NYS 383). SECTION CITED— Not applied: (Greenwald 179 AD 674, 167 § 3. Salaries of justices. The salary of each justice, except those appointed or elected from the boroughs of Queens and Richmond, shall be nine thousand dollars a year, to be paid in equal monthly installments by the proper officers of the city, and the salary of each justice appointed or elected for the boroughs of Queens and Richmond shall be eight thousand dollars a year, to be paid in the same manner; provided, however, that whenever a justice elected or appointed for the borough of Queens or the borough of Richmond shall hold court in either of the boroughs of Manhattan, Brooklyn or the Bronx, he shall receive the additional sum of ten dollars for each day on which he shall so hold court, not exceeding, however, such sum as shall, together with his said salary, make the amount received by him in any one year equal to the salary of a justice of one of the other boroughs. Such additional sum shall be paid on the certification of the president of the board of justices that the holding of court by such justice was necessary, in consequence of the illness or necessary absence of the justice regularly assigned to hold the same, or on account of pressure of business. The comptroller of the city of New York is hereby authorized and directed to issue special revenue bonds under the provisions of section one hundred and eighty-eight of chapter four hundred and sixty-six of the laws of nineteen hundred and one, in an amount sufficient to provide for the payment of the increases made. [Am'd by L. 1920, ch. 710, in effect May 11, 1920.] EDITORIAL NOTES Source: New. Greater NY Charter § 1355 (as amended by L 1907, ch 603) reenacted without change. Star (*) means read Not into HEADLINE in capitals. For explanation see MCC § 1. SECTION CITED Not applied: (Ress 80 Mis 231, 140 NYS 975). § 4. Vacancy in the office of justice. A vacancy occurring in the office of justice of this court otherwise than by expiration of term, shall be filled at the next ensuing general election for a full term, except that if such full term would expire with an evennumbered year, for a term ending on the last day of December next preceding the time when a full term would expire; such terms shall commence on the first day of January next after said election; and the mayor of the city of New York shall appoint a duly qualified attorney to fill such vacancy in the interim, within twenty days after the same occurs. [Am'd by L. 1920, ch. 829, in effect May 18, 1920.] EDITORIAL NOTES Source: substantially Greater NY Charter § 1357, L 1907, ch 603, in so far as it amended that section. is unconstitutional (Markland 203 NY 158). Star (*) means read Not into HEADLINE in capitals. For explanation see MCC § 1. CHARTER AMENDMENT INVALIDAmendment of 1907: to Greater NY Charter § 1357 upon which § 4 MCC based, declared unconstitutional (Markland 203 NY 158, aff 146 AD 350, 131 NYS 364). § 5. Districts and number of justices therein. The several boroughs composing the city of New York are hereby divided into districts, in each of which sessions of the courts shall be held, and justices shall hold office therein in number as follows: a. In the borough of The Bronx there shall be two districts, as follows: 1. The first district embracing the territory bounded by and within the following: Beginning at the center line of Mount Vernon avenue and its junction with the northern boundary line of the city of New York, southerly to East Two Hundred and Thirtythird street, easterly to the Bronx river, thence along the Bronx river to Fordham road, thence along Fordham road to Southern boulevard, thence along Southern boulevard to Marmion avenue, thence along Marmion avenue to East One Hundred and Seventy-fifth street, thence along East One Hundred and Seventy-fifth street to Southern boulevard, thence along Southern boulevard to Crotona Park east, thence along Crotona Park east to Clinton avenue, thence along Clinton avenue to East One Hundred and Sixty-ninth street, thence along East One Hundred and Sixth-ninth street to Union avenue, thence along Union avenue to East One Hundred and Forty-ninth street, thence along East One Hundred and Forty-ninth street to the waters of the East river, thence along the waters of the East river to the northern boundary line of the city of New York, thence along the northern boundary line of the city of New York to the point or place of beginning; in which district there shall be two justices. [Am'd by L. 1917, ch. 728, in effect June 4, 1917.] 2. The second district embracing the remainder of said borough; in which district there shall be two justices. b. In the borough of Manhattan there shall be nine districts, as follows: 1. The first district embraces the territory bounded on the south and west by the southerly and westerly boundaries of said borough; on the north by the center line of Fourteenth street at the westerly boundary of said borough, to Fourth avenue; thence by the center line of Fourth avenue to Astor place; thence by the center line of Astor place to Broadway; thence by the center line of Broadway to West Third street; thence by the center line of West Third street to Sixth avenue; thence by the center line of Sixth avenue to West Washington place; thence by the center line of West Washington place to Grove street; thence by the center line of Grove street to Seventh avenue; thence by the center line of Seventh avenue to Bedford street; thence by the center line of Bedford street to West Houston street; thence by the center line of West Houston street to MacDougal street; thence by the center line of MacDougal street to Spring street; thence by the center line of Spring street to Sullivan street; thence by the center line of Sullivan street to Broome street; thence by the center line of Broome street to Lafayette street; thence by the center line of Lafayette street to Canal street; thence by the center line of Canal street to Bowery; thence by the center line of Bowery to Catherine street; thence by the center line of Catherine street to Henry street; thence by the center line of Henry street to Clinton street; thence by the center line of Clinton street to the East river, including Governor's, Ellis, Bedloe's and Oyster Islands; in which district there shall be three justices. 2. The second district embraces the territory bounded on the south and east by the southerly and easterly boundaries of the said borough; on the north by the center line of Fourteenth street at the easterly boundary of the said borough, to Fourth avenue; thence by the center line of Fourth avenue to Astor place; thence by the center line of Astor, place to Broadway; thence by the center line of Broadway to West Third street; thence by the center line of West Third street to Sixth avenue; thence by the center line of Sixth avenue to West Washington place; thence by the center line of West Washington place to Grove street; thence by the center line of Grove street to Seventh avenue; thence by the center line of Seventh avenue to Bedford street; thence by the center line of Bedford street to West Houston street; thence by the center line of West Houston street to MacDougal street; thence by the center line of MacDougal street to Spring street; thence by the center line of Spring street to Sullivan street; thence by the center line of Sullivan street to Broome street; thence by the center line of Broome street to Lafayette street; thence by the center line of Lafayette street to Canal street; thence by the center line of Canal street to Bowery; thence by the center line of Bowery to Catherine street; thence by the center line of Catherine street to Henry street; thence by the center line of Henry street to Clinton street; thence by the center line of Clinton street to the East river; in which district there shall be five justices. [Am'd by L. 1919, ch. 515, in effect May 9, 1919.] 3. The third district embraces the territory bounded on the south by the center line of Fourteenth street; on the east by the center line of Seventh avenue, from Fourteenth street to Fifty-ninth street, and by the center line of Central Park West, from Fiftyninth street to Sixty-fifth street; on the north by the center line of Sixty-fifth street and the center line of Fifty-ninth street, from Seventh to Eighth avenues; on the west by the westerly boundary of the said borough; in which district there shall be two justices. |