CITY COURT OF THE CITY OF ____
COUNTY OF ____
COMMERCIAL CLAIMS PART
TO: ________
Take Notice that __ asks judgment in this Court against you for $__ together with costs, upon the following claim:
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There will be a hearing before the Court upon this claim on __, 19_, at _ o' clock _M, in the Commercial Claims Part, held at __
You must appear and present your defense and any counterclaim you may desire to assert at the hearing at the time and place above set forth. (You may request that the hearing be scheduled during evening hours if you do so within 14 days of receipt of this notice.) IF YOU DO NOT APPEAR, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT EVEN THOUGH YOU MAY HAVE A VALID DEFENSE. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. The Clerk, if requested, will issue subpoenas for witnesses, without fee thereof.
If you wish to present a counterclaim against the claimant, you must do so by filing with the Clerk of the Court a statement containing such counterclaim within five days of receiving this notice of claim. At the time of such filing you must pay the Clerk a filing fee of $3.00 plus the cost of postage to send your counterclaim by first class mail to the claimant. If you fail to file a counterclaim within this five-day period, you retain the right to file the counterclaim until the time of the hearing, but the claimant may request and obtain an adjournment of the hearing to a later date.
If you admit the claim, but desire time to pay, you must appear personally on the day set for the hearing and state to the Court your reasons for desiring time to pay.
Read the attached sheet for more information.
Dated: __, 20_
Clerk
A Guide for Commercial Claims Court is available at the court listed above.
NOTE: If you desire a jury trial, you must, before the day upon which you have been notified to appear, file with the Clerk of the Court a written demand for a trial by jury. You must also pay to the clerk a jury fee of $55 and file an undertaking in the sum of $50 or deposit such sum in cash to secure the payment of any costs that may be awarded against you. You will also be required to make an affidavit specifying the issues of fact which you desire to have tried by a jury and stating that such trial is desired and demanded in good faith.
Under the law, the court may award $25 additional costs to the plaintiff if a jury trial is demanded by you and a decision is rendered against you.
N.Y. Comp. Codes R. & Regs. Tit. 22 § 210.41-a