are more simple or elegant. Counsel should keep that in mind whenever they represent clients in the Small Claims Part.

The procedures governing Small Claims Actions are set out in article 18 (Small Claims) and 18-A (Commercial claims) of the New York City Civil Court Act (CCA), which is found in the Judiciary Law, Part 3 and at §§208.41 (Small Claims) and 208.41-a (Commercial Claims) of the Uniform Rules for the New York State Trial Courts (NYCRR).

The Civil Court Act is similar to the Uniform District Court Act and the Uniform City Court Act, which apply outside New York City.

The jurisdiction of small Claims Part is $3,000, exclusive of interest and disbursements. Costs are unavailable. The only relief available is a monetary award; equitable relief cannot be granted. Scott v. Dale Carpet Cleaning Inc., 465 NYS2d 680, 681 (Civ. Ct., N.Y. County, 1983). Should counsel seek another kind of relief, such as the return of property, the Small Claims Part may still be effective. A judgment may still be rendered on the condition that money is awarded if, by a specific date the condition is unfulfilled. See, e.g., Mongelli v. Cabral, NYLJ, Oct. 3, 1995, at 30 (Yonkers City Ct.).

The parties also may agree to a "stipulation of settlement" that contains various conditions. The stipulation form permits two options: that the case be returned to the active calendar upon breach or that a failure to honor may result in a monetary judgment for the full amount of the initial claim. The parties determine which option to follow when they agree to the stipulation. Stipulations are not appealable when reduced to a judgment or order. Westport Aviation Corp. v. Kuntz, NYS2d 840, 840 (3d dept. 1996).

The Small Claims Part is designed to be the People’s Court. No party needs to be represented by counsel and judges and arbitrators are encouraged to assist pro se litigants. See, e.g. Webster v. Farmer, 514 NYS2d 165,166 (City Ct. Oswego County, 1987). If both sides are represented by an attorney, the Small Claims Part loses jurisdiction, and the matter must be referred to the county division of the Civil Court.

Non-lawyers may also represent some litigants. According to CCA §1815, a relative or a friend of an individual may, with a judge’s permission and without remuneration appear for someone whose age or disability is such that the interests of justice would be served by non-attorney representation.

Moreover, a corporation may be represented by an officer, director or employee who has the authority to bind the corporation in a settlement or trial.

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