Civil Actions
If a case does not fall within the jurisdiction of small claims court or summary proceedings, then you may be able to bring a civil action in the City Court.
Monetary Jurisdiction (Uniform City Court Act, sec. 202):
The Court shall have jurisdiction of actions and proceedings for the recovery of money or personal property where the amount sought to be recovered or the value of the property does not exceed $15,000, exclusive of interest and costs.
Counterclaims filed in response to a Summons and Complaint do not have a monetary limit.
Geographical Jurisdiction (Uniform City Court Act, sec 213):
To bring a civil action in the City Court, EITHER the plaintiff or the defendant must:
- be a resident of the City or be a resident of a town contiguous to the City; or
- have regular employment within the City; or
- have a place for the regular transaction of business within the City.
A suit is commenced in the City Court upon service of a summons and complaint upon a defendant and the timely filing of the summons and complaint with the Court with the appropriate fee (see Fees Schedule).
If, after all discovery and depositions have been completed, a civil action is to proceed to trial, a trial note of issue must be filed for either a non-jury or jury trial (see Fees Schedule). If the amount of damages sought are $6,000 or less, the case is sent to mandatory arbitration. If the amount of damages exceeds $6,000 (up to the jurisdictional limit), the case will be scheduled for trial before a City Court Judge or Jury or, in the alternative, the parties may agree to have their case referred to arbitration.
The parties may agree to have their case referred to arbitration if the claim is for money only (22 NYCRR 28.2(c)).
If a civil action is referred to mandatory arbitration and one of the parties is not satisfied with the arbitrator's decision, either party may request a trial before a City Court Judge by filing for a Trial de Novo with the Clerk of the City Court with the appropriate fee (see Fees Schedule).
It is RECOMMENDED that a plaintiff seek the advice of counsel in filing a civil action. Please note that the Court cannot provide legal assistance.
Evictions
Forms: DIY Forms
Evictions Outside NYC: Landlord & Tenant Forms.
Landlord Nonpayment Eviction Petition & Written Rent Demand Program
Small Claims / Commercial Claims
Jump To: Resources | How to File in Ithaca City Court | Withdrawing a Small Claim | Mediation
Resources
How to File in Ithaca City Court
Once you have completed and signed the application for Small Claims/Commercial Claims and the REQUIRED forms (if any), you may submit your application to the Clerk of the Court located at 118 E. Clinton Street, Ithaca, New York with the appropriate filing fee (see Fees Schedule). The Clerk will provide you with a Court date at least 30 days from the date of filing for the hearing in this matter and will send a Summons with the hearing date to all parties.
Withdrawing a Small Claim
If you have filed a Small Claim/Commercial Claim with the City Court and the parties have resolved the matter prior to the Court hearing, you should advise the Court, in writing, immediately. The form for withdrawing a small claim/commercial claim is available on this web site. Only the individual that filed the claim can withdraw the matter and must have his/her signature notarized by a notary public or acknowledged at the Court Clerk's office.
Mediation
If you and the opposing party wish to attempt to mediate your conflict or disagreement, you may do so before or after you have commenced a small claims action with the Court. While you are not obligated to participate in any mediation service, it is often possible to resolve your case on terms agreeable to both parties, without court intervention, through the mediation service.
You may contact the Community Dispute Resolution Center at 607-273-9347 or by email at [email protected] for further information.