assembly Bill A1328

2017-2018 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 - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 ordered to third reading cal.88
Apr 27, 2017 advanced to third reading cal.178
Apr 25, 2017 reported
Apr 24, 2017 reported referred to codes
Jan 11, 2017 referred to judiciary

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A1328 (ACTIVE) - Details

See Senate Version of this Bill:
S1533
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §501, add §514, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A9995, S7954
2019-2020: A5607, S429
2021-2022: A2505, S997

A1328 (ACTIVE) - Summary

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

A1328 (ACTIVE) - Bill Text download pdf


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

                                  1328

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2017
                               ___________

Introduced  by M. of A. WEINSTEIN, TITONE, DINOWITZ, SEAWRIGHT, SEPULVE-
  DA, COLTON, ABINANTI -- 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:
  §  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.
  § 2. The civil practice law and rules  is  amended  by  adding  a  new
section 514 to read as follows:
  § 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01277-01-7