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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

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2017-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

2017-A1328 (ACTIVE) - Summary

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

2017-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

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