|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 31, 2016||referred to judiciary|
senate Bill S7954
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7954 (ACTIVE) - Details
S7954 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7954 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
S7954 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7954 I N S E N A T E May 31, 2016 ___________ Introduced by Sen. AVELLA -- 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 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  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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