§ 2203 — Cases in abolished courts carried over

New York § 2203

• Jurisdiction: New York
• Law CCA: New York City Civil Court
• Art. 22: Transition

Text

§ 2203. Cases in abolished courts carried over. All actions and\nproceedings pending in the city court of the city of New York or the\nmunicipal court of the city of New York at the time this act takes\neffect shall be deemed pending in this court and shall be governed by\nthe following subdivisions of this section.\n (a) Transfer to this court.\n (1) If the action or proceeding was pending in the city court of the\ncity of New York, it shall be transferred to this court in the county in\nwhich it was pending in the city court.\n (2) If the action or proceeding was pending in the municipal court of\nthe city of New York, it shall be transferred to this court in the\ncounty embracing the district in which it was pending in the municipal\ncourt.\n (b) No such action or proceeding, or appeal taken therein, shall abate\nby virtue of the abolition of said courts.\n (c) For the purpose of the disposition of such actions and proceedings\nonly, the jurisdiction of this court shall be deemed:\n (1) expanded to that of the abolished court whenever necessary to\nsustain the jurisdiction of this court over such action or proceeding if\nthe abolished court had jurisdiction of the same; and\n (2) contracted to that of the abolished court so as to prevent this\ncourt from giving relief of such nature or in such amount as could not\nbe given by the abolished court.\n (d) Except as provided for in the foregoing, practice and procedure in\nsuch actions and proceedings shall be as if the same were instituted in\nthis court after the effective date of this act. But if the court shall\nfind that a practice or procedure available in the abolished court, but\nunavailable under this act, is necessary to the disposition of such\naction or proceeding, the court may permit recourse to or completion of\nthe same.\n