What's happening
This bill allows lawsuits to be filed in the county where a substantial part of the events or omissions occurred.
Why it matters
Expands access to local courts. By allowing lawsuits to be filed where a substantial part of the events or omissions happened, individuals and businesses can more easily bring or defend cases in locations directly connected to the dispute, rather than being forced to litigate in a distant or unrelated county.
Improves fairness and convenience. This change could make it fairer for parties involved in a dispute, especially for witnesses, victims, or small businesses, as crucial evidence and testimony may be more accessible in the county where the events occurred.
May impact litigation strategy and costs. Plaintiffs and defendants may have more strategic options regarding venue, potentially affecting travel costs, jury composition, and perceived advantages or disadvantages based on local legal climates. This could lead to forum-shopping or more balanced choices, depending on circumstances.
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Who cares
Civil plaintiffs
The bill would add the county where a substantial part of the events or omissions giving rise to a claim occurred as an authorized place of trial, except where otherwise prescribed by law.
Civil defendants
They could face trial in a county tied to the underlying events or omissions even if no party resided there when the action began.
Civil litigation attorneys
They would need to account for the added venue option in actions commenced on or after the bill’s effective date.
Headline styles
Let Lawsuits Happen Locally
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 61
No co-sponsors yet.
History
- Substituted by A8032
- Ordered to third reading cal.2217
- Committee discharged and committed to rules
- 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.
Let Lawsuits Happen Locally
Signed by Governor · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6031
2017-2018 Regular Sessions
IN SENATE
May 10, 2017
Introduced by Sen. RANZENHOFER -- 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 actions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (a) of section 503 of the civil practice law and rules is amended to read as follows:
(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; the county in which a substantial part of the events or omissions giving rise to the claim occurred; 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.
§ 2. This act shall take effect immediately and shall apply to actions commenced on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11565-01-7
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 actions
Summary provisions
Section 1 amends subdivision (a) of section 503 of the CPLR to add as a place of trial the county in which a substantial part of the events or omissions giving rise to the claim occurred.
Section 2 effective date.
Existing law
CPLR 503 lists proper venues to commence a civil action.
Justification
In civil actions, venue refers to the correct county in which to bring an action. In New York State, in the absence of a prior agreement, the options on where to place venue for a lawsuit are restrictive. Other than for controversies concerning ownership or use of property or chattel or against governmental entities, choice of venue is limited to the county of residence of one of the parties. A problem arises if both plaintiff and defendant are residents of a different county from the county in which the cause of action arose. In that case, proper venue is either in the county of residence of the plaintiff or defendant, but not where the incident occurred. This means that, absent residence of a party in the subject county, that county's court system has no authority to hear controversies about unsafe premises, unsafe worksites, unsafe driving and a myriad of other scenarios within its borders. Nor are jurors from the subject community, with the most interest in setting community standards, able to hear such controversies. In addition, witnesses are often located in county where the events that are the subject of the action occurred.
This bill will also bring New York into conformance with federal courts which currently allow venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred" 28 U.S.C. § 1391(b) (2).
Legislative history
New bill.
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.