This text of New York § 1805-A (Remedies available; transfer of commercial claims) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 1805-A. Remedies available; transfer of commercial claims.\n (a) Upon determination of a commercial claim, the court shall direct\njudgment in accordance with its findings, and, when necessary to do\nsubstantial justice between the parties, may condition the entry of\njudgment upon such terms as the court shall deem proper. Pursuant to\nsection fifty-two hundred twenty-nine of the civil practice law and\nrules, prior to entering a judgment, the court may order the examination\nof or disclosure by, the defendant and restrain him to the same extent\nas if a restraining notice had been served upon him after judgment was\nentered.\n (b) The court shall have power to transfer any commercial claim or\nclaims to any other part of the court upon such terms as the rules may\nprovide, and procee
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§ 1805-A. Remedies available; transfer of commercial claims.\n (a) Upon determination of a commercial claim, the court shall direct\njudgment in accordance with its findings, and, when necessary to do\nsubstantial justice between the parties, may condition the entry of\njudgment upon such terms as the court shall deem proper. Pursuant to\nsection fifty-two hundred twenty-nine of the civil practice law and\nrules, prior to entering a judgment, the court may order the examination\nof or disclosure by, the defendant and restrain him to the same extent\nas if a restraining notice had been served upon him after judgment was\nentered.\n (b) The court shall have power to transfer any commercial claim or\nclaims to any other part of the court upon such terms as the rules may\nprovide, and proceed to hear the same according to the usual practice\nand procedure applicable to other parts of the court.\n (c) No counterclaim shall be permitted in a commercial claims action,\nunless the court would have had monetary jurisdiction over the\ncounterclaim if it had been filed as a commercial claim. Any other claim\nsought to be maintained against the claimant may be filed in any court\nof competent jurisdiction.\n (d) If the defendant appears to be engaged in repeated fraudulent or\nillegal acts or otherwise demonstrates persistent fraud or illegality in\nthe carrying on, conducting or transaction of business, the court shall\neither advise the attorney general in relation to his authority under\nsubdivision twelve of section sixty-three of the executive law, or shall\nadvise the claimant to do same, but shall retain jurisdiction over the\ncommercial claim.\n (e) If the defendant appears to be engaged in fraudulent or illegal\nacts or otherwise demonstrates fraud or illegality in the carrying on,\nconducting or transaction of a licensed or certified business, the court\nshall either advise the appropriate state or local licensing or\ncertifying authority or shall advise the claimant to do same, but shall\nretain jurisdiction over the commercial claim.\n