§ 1912. Actions in which no fees to be charged; employees; state or\ncity actions. (a) Employee's action. When the action is brought by an\nemployee against an employer for services performed by such employee,\nthe clerk shall not demand or receive any fees whatsoever from the\nplaintiff or his attorney, if the plaintiff shall present proof by his\nown affidavit that his demand does not exceed three hundred dollars\nexclusive of interest and costs; that he is a resident of or an employee\nin the city of New York; that he has a good and meritorious cause of\naction against the defendant and the nature thereof; and that he has\nmade either a written or a personal demand upon the defendant or his\nagent for payment thereof and payment was refused; provided that if the\nplaintiff shall demand a trial by jury, he must pay to the clerk the\nfees therefor.\n (b) State or city actions. In an action brought in the name of the\npeople of the state of New York by the attorney-general, or in the name\nof the city of New York or of any department, board or officer thereof,\nby the corporation counsel or any municipal department, board or officer\nof the city of New York, for the recovery of a penalty, no fees shall be\nrequired to be paid by the plaintiff to the clerk and no costs shall be\ntaxed against the plaintiff; but in case such plaintiff recovers\njudgment, the costs and taxable disbursements shall be included therein,\nand if collected shall be accounted for.\n
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