Article 5. Venue

VENUE decisions in the courts of New York

The Sections of Article 5.:

venue cplr new york article 5

NY CPLR § 501. CONTRACTUAL PROVISIONS FIXING VENUE

Subject to the provisions of subdivision two of section 510 , written agreement fixing place of trial, made before an action is commenced, shall be enforced upon a motion for change of place of trial.

NY CPLR § 502. CONFLICTING VENUE PROVISIONS

Where, because of joinder of claims or parties, there is a conflict of provisions under this article, the court, upon motion, shall order as the place of trial one proper under this article as to at least one of the parties or claims.

NY CPLR § 503. VENUE BASED ON RESIDENCE

(a) Generally.  Except where otherwise prescribed by law, the place of trial shall be in the county in which one of the parties resided when it was commenced;  or, if none of the parties then resided in the state, in any county designated by the plaintiff.  A party resident in more than one county shall be deemed a resident of each such county.

(b) Executor, administrator, trustee, committee, conservator, general or testamentary guardian, or receiver.  An executor, administrator, trustee, committee, conservator, general or testamentary guardian, or receiver shall be deemed a resident of the county of his appointment as well as the county in which he actually resides.

(c) Corporation.  A domestic corporation, or a foreign corporation authorized to transact business in the state, shall be deemed a resident of the county in which its principal office is located;  except that such a corporation, if a railroad or other common carrier, shall also be deemed a resident of the county where the cause of action arose.

(d) Unincorporated association, partnership, or individually-owned business.  A president or treasurer of an unincorporated association, suing or being sued on behalf of the association, shall be deemed a resident of any county in which the association has its principal office, as well as the county in which he actually resides.  A partnership or an individually-owned business shall be deemed a resident of any county in which it has its principal office, as well as the county in which the partner or individual owner suing or being sued actually resides.

(e) Assignee.  In an action for a sum of money only, brought by an assignee other than an assignee for the benefit of creditors or a holder in due course of a negotiable instrument, the assignee’s residence shall be deemed the same as that of the original assignor at the time of the original assignment.

(f) Consumer credit transaction.  In an action arising out of a consumer credit transaction where a purchaser, borrower or debtor is a defendant, the place of trial shall be the residence of a defendant, if one resides within the state or the county where such transaction took place, if it is within the state, or, in other cases, as set forth in subdivision (a).

NY CPLR § 504. ACTIONS AGAINST COUNTIES, CITIES, TOWNS, VILLAGES, SCHOOL DISTRICTS AND DISTRICT CORPORATIONS

 Notwithstanding the provisions of any charter heretofore granted by the state and subject to the provisions of subdivision (b) of section 506 , the place of trial of all actions against counties, cities, towns, villages, school districts and district corporations or any of their officers, boards or departments shall be, for:
  1. a county, in such county;
  2. a city, except the city of New York, town, village, school district or district corporation, in the county in which such city, town, village, school district or district corporation is situated, or if such school district or district corporation is situated in more than one county, in either county;  and
  3. the city of New York, in the county within the city in which the cause of action arose, or if it arose outside of the city, in the county of New York,

NY CPLR § 505. ACTIONS INVOLVING PUBLIC AUTHORITIES

(a) Generally.  The place of trial of an action by or against a public authority constituted under the laws of the state shall be in the county in which the authority has its principal office or where it has facilities involved in the action.

(b) Against New York city transit authority.  The place of trial of an action against the New York city transit authority shall be in the county within the city of New York in which the cause of action arose, or, if it arose outside of the city, in the county of New York.

NY CPLR § 506. WHERE SPECIAL PROCEEDING COMMENCED

(a) Generally.  Unless otherwise prescribed in subdivision (b) or in the law authorizing the proceeding, a special proceeding may be commenced in any county within the judicial district where the proceeding is triable.

(b) Proceeding against body or officer.  A proceeding against a body or officer shall be commenced in any county within the judicial district where the respondent made the determination complained of or refused to perform the duty specifically enjoined upon him by law, or where the proceedings were brought or taken in the course of which the matter sought to be restrained originated, or where the material events otherwise took place, or where the principal office of the respondent is located, except that

  1. a proceeding against a justice of the supreme court or a judge of a county court or the court of general sessions shall be commenced in the appellate division in the judicial department where the action, in the course of which the matter sought to be enforced or restrained originated, is triable, unless a term of the appellate division in that department is not in session, in which case the proceeding may be commenced in the appellate division in an adjoining judicial department;  and
  2.  a proceeding against the regents of the university of the state of New York, the commissioner of education, the commissioner of taxation and finance, the tax appeals tribunal except as provided in section two thousand sixteen of the tax law , the public service commission, the commissioner or the department of transportation relating to articles three, four, five, six, seven, eight, nine or ten of the transportation law or to the railroad law, the water resources board, the comptroller or the department of agriculture and markets, shall be commenced in the supreme court, Albany county.
  3. notwithstanding the provisions of paragraph two of this subdivision, a proceeding against the commissioner of education pursuant to section forty-four hundred four of the education law may be commenced in the supreme court in the county of residence of the petitioner.
  4. a proceeding against the New York city tax appeals tribunal established by section one hundred sixty-eight of the New York city charter shall be commenced in the appellate division of the supreme court, first department.

NY CPLR § 507. REAL PROPERTY ACTIONS

 The place of trial of an action in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property shall be in the county in which any part of the subject of the action is situated.

NY CPLR § 508. ACTIONS TO RECOVER A CHATTEL

The place of trial of an action to recover a chattel may be in the county in which any part of the subject of the action is situated at the time of the commencement of the action.

NY CPLR § 509. VENUE IN COUNTY DESIGNATED

Notwithstanding any provision of this article, the place of trial of an action shall be in the county designated by the plaintiff, unless the place of trial is changed to another county by order upon motion, or by consent as provided in subdivision (b) of rule 511 .

NY CPLR § 510. GROUNDS FOR CHANGE OF PLACE OF TRIAL

The court, upon motion, may change the place of trial of an action where:

  1. the county designated for that purpose is not a proper county;  or
  2. there is reason to believe that an impartial trial cannot be had in the proper county;  or
  3. the convenience of material witnesses and the ends of justice will be promoted by the change.

NY CPLR RULE RULE 511. CHANGE OF PLACE OF TRIAL

(a) Time for motion or demand.  A demand under subdivision (b) for change of place of trial on the ground that the county designated for that purpose is not a proper county shall be served with the answer or before the answer is served.  A motion for change of place of trial on any other ground shall be made within a reasonable time after commencement of the action.

(b) Demand for change of place of trial upon ground of improper venue, where motion made.  The defendant shall serve a written demand that the action be tried in a county he specifies as proper.  Thereafter the defendant may move to change the place of trial within fifteen days after service of the demand, unless within five days after such service plaintiff serves a written consent to change the place of trial to that specified by the defendant.  Defendant may notice such motion to be heard as if the action were pending in the county he specified, unless plaintiff within five  days after service of the demand serves an affidavit showing either that the county specified by the defendant is not proper or that the county designated by him is proper.

(c) Stay of proceedings.  No order to stay proceedings for the purpose of changing the place of trial shall be granted unless it appears from the papers that the change is sought with due diligence.

(d) Order, subsequent proceedings and appeal.  Upon filing of consent by the plaintiff or entry of an order changing the place of trial by the clerk of the county from which it is changed, the clerk shall forthwith deliver to the clerk of the county to which it is changed all papers filed in the action and certified copies of all minutes and entries, which shall be filed, entered or recorded, as the case requires, in the office of the latter clerk.  Subsequent proceedings shall be had in the county to which the change is made as if it had been designated originally as the place of trial, except as otherwise directed by the court.  An appeal from an order changing the place of trial shall be taken in the department in which the motion for the order was heard and determined.

NY CPLR RULE RULE 512. CHANGE OF PLACE OF TRIAL OF ACTION OR ISSUE TRIABLE WITHOUT A JURY

 The place of trial of an action or any issue triable without a jury may be, in the discretion of the court, in any county within the judicial district in which the action is triable.  After the trial, the decision and all other papers relating to the trial shall be filed and the judgment entered in the county where the action is pending.

NY CPLR § 513. MISPLACEMENT OF VENUE IN CONSUMER CREDIT TRANSACTIONS

(a) In an action arising out of a consumer credit transaction, the clerk shall not accept a summons for filing when it appears upon its face that the proper venue is a county other than the county where such summons is offered for filing.

(b) The clerk shall indicate upon the summons the date of the rejection and shall enter such date in a register maintained by him together with the name of the counties in which the summons may properly be filed.

(c) Notwithstanding subdivisions one and three of section three hundred eight , where a summons has been rejected for filing by virtue of this section, service is complete ten days after such summons is filed in the proper county with proof of service upon the defendant of the summons, together with proof of service upon the defendant by registered or certified mail of a notice setting forth the following:

  1. the proper county,
  2. the date of filing of the summons,
  3. the date within which the answer or notice of appearance is to be filed, and
  4. the address at which it is to be filed.
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