141 Misc. 2d 339 | N.Y. City Civ. Ct. | 1988
OPINION OF THE COURT
New York has "one of the most efficient and effective small claims court systems in the nation” (US Chamber of Commerce, Model Consumer Justice Act, Proposed Model Small Claims Act for State Legislatures, at 45 [1976]). It is a system noted for its ability to provide, at little cost to the litigant, speedy justice for the citizen who asserts a legal wrong. Complicated procedures are avoided; lawyers for claimants are generally unnecessary. "In petty causes there ought to be no expensive advocacy” (Pound, The Administration of Justice in the Modern City, 26 Harv L Rev 302, 319 [1913]).
When New York first enacted a simplified procedure for
Cases in small claims courts should yield the same substantive result as in other courts; however, sometimes different decisions may obtain as a result of the informal small claims process (Levins v Bucholtz, 208, Misc, supra, at 600-601; see, Bierman v City of New York, 60 Misc 2d 497, mod sub nom. Bierman v Consolidated Edison Co., 66 Misc 2d 237, 238 [App Term, 1st Dept]). In small claims cases "rules of practice, procedure, pleading and evidence [are] greatly relaxed” (Laveline v Long Is. R. R. Co., 106 Misc 2d 814, 815; Falker v Chrysler Corp., 119 Misc 2d 375, 377).
The court must consider, in the context of the purposes of the small claims procedure, defendant’s motion, pursuant to CPLR 3211 (a) (7), to dismiss for failure to state a cause of action. The motion presents a question which has not been
The analysis starts with the oft-repeated premise, that the small claims statutes were "designed to facilitate the handling of minor claims and grievances without requiring the parties to resort to the use of counsel” (Buonomo v Stalker, 40 AD2d 733; Mutual Life Ins. Co. v Cassiere, 102 Misc 2d 395, 397). In small claims cases at least one party cannot be represented by counsel. "In the Civil Court, if both sides are represented, the case may not be heard under small claims procedures (see, Uniform Rules for Trial Cts, 22 NYCRR 208.41 [f]).”
Motion practice, of necessity, carries with it the technicalities of "regular” cases. When a motion is made, the lay litigant, without knowledge of the rules of procedure, is at a substantial disadvantage. As a movant, a lay litigant is often not aware of court formalities, such as proper notice of motion, thus unintentionally adding delay and confusion to the case. In responding to a motion by counsel, the lay litigant is left floundering in a sea of papers and legal jargon. One of the hallmarks of the New York small claims procedure is the absence of "[l]egal niceties of procedure” (Note, How to Defeat the Jurisdiction (and Purpose) of Small Claims Court for Only Fifteen Dollars, 44 Brooklyn L Rev 431, 433-434 [1978]). Technical rules only thwart the proper function of small claims courts (King, Small Claims Practice in the United States, 52 St John’s L Rev 42, 63 [1977]). For those reasons, motion practice "is generally discouraged” (Clegg v Bon Temps, 114 Misc 2d 805, 809).
The rule precluding motions is particularly applicable to motions to dismiss for failure to state a cause of action. "Initially, the sole criterion is whether the pleading states a cause of action, and if from its four corners factual allegations are discernable which taken together manifest any cause of action cognizable at law a motion for dismissal will fail” (Guggenheimer v Ginzberg, 43 NY2d 268, 275).
A small claims pleading is not drawn by the litigant. There
Here, the full text of the claim is: "$733.00 Action to recover monies arising out of services not rendered for monies paid”. Clearly, that is adequate under the liberal pleading rules applicable to small claims proceedings. The claimant does not "have to allege a specific theory or count” in order for the pleading to be sufficient (Faby v Air France, 113 Misc 2d 840, 841). The statute even authorizes the "notice of claim” to be based on the hearsay statement to the clerk of "someone” acting on behalf of the claimant (CCA 1803 [a]).
Defendant has submitted affidavits describing the incident and contending that claimant’s damage was not reasonably foreseeable. Since the court has not converted the motion into one for summary judgment (CPLR 3211 [c]), the defendant’s affidavits "are not to be examined for the purpose of determining whether there is evidentiary support for the pleading” (Rovello v Orofino Realty Co., 40 NY2d, supra, at 635). The claimant’s affidavits are received for the "limited purpose” of remedying defects in the pleading. This is not one of those exceedingly rare cases where claimant’s affidavits "establish conclusively that [he] has no cause of action” (Rovello v Orofino Realty Co., 40 NY2d, supra, at 636).
Absent extraordinary circumstances, there is no reason for the court to entertain a pretrial motion to dismiss a pleading for legal insufficiency in a small claims case. Such motions only delay the case. The vast majority of these cases is disposed of on the first court appearance. Motions typically require at least one adjournment. Cases can be definitively
Indeed, the singular reported case involving a motion to dismiss is a good example of the extraordinary situation where a pretrial motion to dismiss may be used. The issue of whether the claim was precluded by a union contract which required arbitration required a disposition prior to trial (Albert v City of New York, 101 Misc 2d 356, revd 103 Misc 2d 962 [App Term, 1st Dept]). Obviously, if a court proceeding may not be brought, the matter should not go to trial (cf, CPLR 7503 [a]).
Simply put, motions to dismiss under CPLR 3211 (a) (7) are rarely, if ever, applicable to small claims cases. They should be dismissed as improperly made without reaching their merits.
Even if CPLR 3211 (a) (7) motions are proper, they should never be "converted” to summary judgment motions pursuant to CPLR 3211 (c). A summary disposition is available if there is a prompt trial of the case. Nothing is gained by the summary judgment procedure. In fact, lay litigants may unintentionally comprise their legal position when they submit factual affidavits. This case, as do most small claims cases, fulfills the prediction of the 1934 Commission on the Administration of Justice — it involves only disputed issues of fact.
Defendant’s motion is dismissed. The clerk shall notify the parties of the date of the trial.
. The small claims procedure currently exists by identical sections in each of the acts governing the courts of limited jurisdiction (e.g., UCCA 1801; UDCA 1801; UJCA 1801). The rules for the courts are, with minor deviations, also the same. Since the language and section numbers of these acts are identical, this opinion, for ease of reading, refers only to sections of the CCA. Decisions interpreting any of these statutes may be used to interpret the others (see, e.g., Meister v Engine Trans. Corp., 138 Misc 2d 880).
. Different rules apply in other courts with small claims jurisdiction; in those courts representation of both sides by counsel does not mandate a transfer of the case to the "regular” part of the court (see, Uniform Rules for Trial Cts [22 NYCRR] §§ 210.41 [applicable to City Courts], 212.41 [applicable to District Courts], 214.10 [applicable to Justice Courts]).