Opinion
May 23, 1975
William D. Ribyat, Jr., for plaintiff.
Louis S. Petrone and Stuart E. Finer for defendant.
This is a motion by plaintiff to vacate judgment for costs in favor of defendant after a jury trial. The action was originally commenced by plaintiff in Small Claims Court. Defendant demanded a jury trial pursuant to section 1806 Uniform City Ct. Act of the Uniform City Court Act. This did not change the basic character of the action as a small claims matter.
In Small Claims Court no statutory costs are allowable to either party. (Rules for Small Claims, City Court of Utica, § 3525.10; 22 NYCRR 3525.10.) This is in keeping with the legislative intent behind the establishment of small claims parts in local city courts which is to provide a forum for the enforcing of "Small Claims" by a quick, inexpensive, simplified and informal procedure where individual parties may appear without attorneys (UCCA, § 1802).
By commencing an action in Small Claims Court, a party waives his right to a jury trial (UCCA, § 1806). To have deprived the defendant of such a right, might have been in violation of his constitutional rights. (NY Const, art 1, § 2.) However, in an effort to discourage defendants from transferring cases from Small Claims Court to Jury Trial Terms, the Legislature imposed certain burdens upon such defendants such as the requirement for posting of security costs and the awarding of discretionary costs to successful plaintiffs. There is no similar provision for successful defendants. (UCCA, § 1806.) These are not additional costs for a successful plaintiff. (Dolin v Eck, 61 Misc.2d 549.)
Under such circumstances, the defendant is not entitled to costs. (UCCA, § 1902, subd [c].) Plaintiff's motion granted without costs.