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Senate Bill S1533

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 - In Senate Committee Judiciary Committee

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2017-S1533 (ACTIVE) - Details

See Assembly Version of this Bill:
A1328
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §501, add §514, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: S7954, A9995
2019-2020: S429, A5607
2021-2022: S997, A2505

2017-S1533 (ACTIVE) - Summary

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

2017-S1533 (ACTIVE) - Sponsor Memo

2017-S1533 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1533
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 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:
   § 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
 OF TRIAL OR ARBITRATION SHALL TAKE PLACE IN THE COUNTY WHERE THE CONSUM-
 ER RESIDES.
   §  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.

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