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Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to venue for certain civil actions arising out of certain violations of the lien law and the vehicle and traffic law
In Assembly Committee · Judiciary · Sponsor Marcos Crespo
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to venue for certain civil actions arising out of violations of the lien law and vehicle and traffic law
Purpose
Provides that the venue for a trial for certain civil actions shall be in the defendant's county where such defendant's business is located, unless the attorney general shall otherwise object.
Summary of provisions
Section 1. Amends the Civil Practice Law and Rules by adding a new section 505-a. Provides that the venue of a trial for certain civil actions arising out of violations in the lien law and vehicle and traffic law shall be located in the county where the defendant's actual place of business is located. Allows the attorney general to submit a timely objection to such provision.
Section 2. Effective Date
Existing law
None.
Justification
After a car is in a crash, the owner of record usually proceeds to get the vehicle repaired if such owner has collision insurance. If the insurance company pays the owner and not the repair shop, then the repair shop has to put a lien on the vehicle and sell it. Foreign car manufacturers who have liens on these cars then step in and bring lawsuits in Albany County adding the New York State Attorney General as a party. The Attorney General usually sends a letter saying the office will not appear, and the repair shop is left to defend a lawsuit in Albany, where the lawyers from the foreign manufacturers are located. It causes great time and expense to defend a case in Albany and many victims are forced to settle. If the Attorney General is not going to participate in a civil action, then the lawsuit should be brought to the county where the business is located. Foreign car manufacturers are foreign entities, not entities based in New York State, and should not be treated by the Civil Practice Law better than New York State corporations or businesses.
Legislative history
2014: S.141- Referred to Judiciary/A.10467 - Referred to Judiciary 2013: S.141- Referred to Judiciary/A.10467 - Referred to Judiciary 2012: S.955 - Referred to Judiciary/A.1110 - Referred to Judiciary 2011: S.955 - Notice of Committee Consideration Requested, Discharged from Codes, Committed to Judiciary/A.1110 - Referred to Judiciary 2010: S.7407 - Referred to Codes/A.11679 - Referred to Judiciary
Fiscal implications
None to State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.