§ 1809-A — Procedures relating to corporations, associations, insurers and assignees

New York § 1809-A

• Jurisdiction: New York
• Law UDC: Uniform District Court Act
• Art. 18-A: Commercial Claims

Text

§ 1809-A. Procedures relating to corporations, associations, insurers\n and assignees.\n (a) Any corporation, including a municipal corporation or public\nbenefit corporation, partnership, or association, which has its\nprincipal office in the state of New York and an assignee of any\ncommercial claim may institute an action or proceeding under this\narticle.\n (b) No person or co-partnership, engaged directly or indirectly in the\nbusiness of collection and adjustment of claims, and no corporation or\nassociation, directly or indirectly, itself or by or through its\nofficers, agents or employees, shall solicit, buy or take an assignment\nof, or be in any manner interested in buying or taking an assignment of\na bond, promissory note, bill of exchange, book debt, or other thing in\naction, or any claim or demand, with the intent and for the purpose of\nbringing an action or proceeding thereon under this article.\n (c) A corporation, partnership or association, which institutes an\naction or proceeding under this article shall be limited to five such\nactions or proceedings per calendar month. Such corporation, partnership\nor association shall complete and file with the clerk the required\ncertification, provided it is true and verified as to its truthfulness,\nas a prerequisite to the institution of an action or proceeding in this\npart of the court.\n (d) A corporation may appear as a party in any action brought pursuant\nto this article by an attorney as well as by any authorized officer,\ndirector or employee of the corporation provided that the appearance by\na non-lawyer on behalf of a corporation shall be deemed to constitute\nthe requisite authority to bind the corporation in a settlement or\ntrial. The court or arbitrator may make reasonable inquiry to determine\nthe authority of any person who appears for the corporation in a\ncommercial claims part case.\n