Rules.Legal

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For New York.

206.22 Small claims pursuant to article 6 of the Eminent Domain Procedure Law (EDPL); special rules.

(a) The hearing shall be conducted in an informal and simplified manner as to do substantial justice between the parties and to discover expeditiously the facts in order to determine a just result according to the principles and rules of substantive law.

(b) The provisions of the EDPL, the Court of Claims Act, the rules of this court and the CPLR shall apply to small claims, so far as the same can be made applicable and are not in conflict with the provisions of article 6 of the EDPL.

(c) An oath or affirmation shall be administered to all witnesses. The court shall liberally construe statutory provisions and rules of practice, procedure and pleading in connection with the conduct of the hearing.

(d) When, at the hearing of a small claim, the defendant has interposed a counterclaim, the court shall hear the entire case, but the trial of the counterclaim shall be conducted as if it were instituted separate and apart from said small claim.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.