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History
- 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.
Prohibits contracts for the purchase or lease of consumer goods from restricting venue in an action relating to such contract
In Senate Committee · Rules · Sponsor Helene Weinstein
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 claims relating to consumer goods
Purpose of bill
This bill would proscribe venue limitations in contracts relating to the adjudication or arbitration of disputes concerning consumer goods.
Summary of provisions of bill
This bill defines consumer goods in the same manner as exists in current law, e.g. General Business Law, § 399-C, and states that contracts purporting to limit or set venue for the adjudication or arbitration of disputes concerning same are deemed void. The bill allows for the place of trial to be designated in either the county of the consumer's residence, in addition to other venue provisions contained in law.
Justification
All too often, consumers who seek judicial or arbitral relief concerning contracts involving consumer goods are limited by contractual boilerplate which purports to set venue in far flung locations which are inconvenient or impossible for consumers to attend. E.g. Karlsberg v. Hunter Mtn. Ski Bowl, Inc., 131 AD 3d 1121 (2nd Dept 2015). While parties to arms length transactions should be free to fashion venue requirements to their satisfaction, the inequities involved in consumer transactions warrant a legislative determination that boilerplate clauses which create hardship to consumers should not be enforced.
Legislative history
2016: A.9995 (Weinstein)
Fiscal implications for state and local governments
None.
Effective date
The thirtieth day after it shall have become a law, and shall apply to all actions and arbitration proceedings which have not been commenced prior to such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.