What's happening
This bill requires certain civil actions involving violations of the lien law and vehicle and traffic law to be tried where the defendant's business is located, unless the attorney general objects.
Why it matters
Shifts legal venue to protect businesses. By requiring these civil cases to be heard where the defendant's business is located, the bill may reduce travel burdens and costs for business owners, particularly small or local businesses, who are defending themselves.
Limits forum shopping. This change may prevent plaintiffs (including the state) from choosing a court location that might be less convenient or less favorable to the defendant, promoting greater fairness and predictability for those accused of violating lien or traffic laws.
Attorney General retains some flexibility. The Attorney General can still object to the venue, meaning the state can intervene if holding the trial in the defendant’s county would undermine the case or the public interest—adding a check against automatic venue changes in every instance.
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Who cares
Headline styles
Change Venue for Civil Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6100
2017-2018 Regular Sessions
IN ASSEMBLY
February 23, 2017
Introduced by M. of A. CRESPO -- read once and referred to the Committee on Judiciary
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil practice law and rules is amended by adding a new section 505-a to read as follows:
§ 505-a. Civil actions arising out of certain violations of the lien law and the vehicle and traffic law. The place of trial of a civil action arising out of a violation of section two hundred one of the lien law or section four hundred twenty-five of the vehicle and traffic law, in which the attorney general is a party, shall be in the county where the defendant has their actual place of business unless the attorney general shall timely object thereto and shall have appeared by serving notice of appearance to those proceedings.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07182-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.