What's happening
This bill requires certain civil actions involving the attorney general for violations of lien or vehicle and traffic law to be tried in the defendant’s county of business unless the attorney general objects.
Why it matters
Shifts the default location for certain lawsuits involving the attorney general. specifically those about violations of the lien law or vehicle and traffic law—to the county where the defendant’s business is located, making it potentially less burdensome for small businesses or individuals to defend themselves.
Gives the attorney general the power to object and request a different venue. by formally appearing and serving notice, which means the state can still seek to move the trial to another county if there are compelling reasons.
May alter legal strategy and costs for both sides. , as cases are more likely to be heard in local courts rather than in Albany or New York City, affecting travel, availability of local counsel, and jury pools.
Could impact enforcement of state laws. by making it more logistically challenging or expensive for the attorney general to bring cases against businesses located far from the AG's usual offices, potentially affecting the frequency or manner of enforcement actions.
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Who cares
Headline styles
Set Venue For Civil Cases
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Change Venue for Civil Lawsuits
In Assembly Committee · Judiciary · Sponsor Marcos Crespo
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4945
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed 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.
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
2016: S.166-REFERRED TO JUDICIARY/A.6762-referred to judiciary 2015: S.166-REFERRED TO JUDICIARY/A.6762-referred to judiciary 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.