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Assembly Bill A9995

2015-2016 Legislative Session

Prohibits contracts for the purchase or lease of consumer goods from restricting venue in an action relating to such contract

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2015-A9995 (ACTIVE) - Details

See Senate Version of this Bill:
S7954
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §501, add §514, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A1328, S1533
2019-2020: A5607, S429
2021-2022: A2505, S997

2015-A9995 (ACTIVE) - Summary

Prohibits contracts for the purchase or lease of consumer goods from restricting venue in an action relating to such contract.

2015-A9995 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9995

                          I N  A S S E M B L Y

                               May 4, 2016
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, TITONE, DINOWITZ -- read once and
  referred to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to  claims
  relating to consumer goods

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 501 of the civil practice law and rules, as amended
by chapter 532 of the laws of 1963, is amended to read as follows:
  S 501. Contractual provisions fixing venue. Subject to the  provisions
of  subdivision  two  of  section [510] FIVE HUNDRED TEN AND SUBDIVISION
THREE OF SECTION FIVE HUNDRED FOURTEEN OF THIS ARTICLE,  written  agree-
ment fixing place of trial, made before an action is commenced, shall be
enforced upon a motion for change of place of trial.
  S  2.  The  civil  practice  law  and rules is amended by adding a new
section 514 to read as follows:
  S 514. ACTIONS RELATING TO CONSUMER GOODS. 1. FOR THE PURPOSES OF THIS
SECTION, "CONSUMER GOODS" SHALL MEAN GOODS, WARES, PAID  MERCHANDISE  OR
SERVICES  PURCHASED OR PAID FOR BY A CONSUMER, THE INTENDED USE OR BENE-
FIT OF WHICH IS INTENDED FOR THE PERSONAL, FAMILY OR HOUSEHOLD  PURPOSES
OF SUCH CONSUMER.
  2. IN ANY CONTRACT INVOLVING THE SALE, LEASE OR OTHERWISE PROVIDING OF
CONSUMER GOODS, ANY PORTION OF THE CONTRACT OR ANY CLAUSE WHICH PURPORTS
TO  DESIGNATE,  RESTRICT,  OR  LIMIT THE VENUE IN WHICH A CLAIM SHALL BE
ADJUDICATED OR ARBITRATED SHALL BE DEEMED VOID AS AGAINST PUBLIC POLICY.
NOTHING IN THIS SECTION SHALL BE DEEMED TO AFFECT THE  VALIDITY  OF  ANY
OTHER ASPECT OF A CONTRACT.
  3. IN ANY ACTION OR ARBITRATION INVOLVING THE SALE, LEASE OR OTHERWISE
PROVIDING  OF  CONSUMER  GOODS,  IN  ADDITION  TO  THE  VENUE PROVISIONS
CONTAINED WITHIN SECTION FIVE HUNDRED THREE OF THIS ARTICLE,  THE  PLACE
OF TRIAL OR ARBITRATION SHALL TAKE PLACE IN THE COUNTY WHERE THE CONSUM-
ER RESIDES.
  S  3.  This  act shall take effect on 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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