NY State Senate Bill 2017-S4945

Senate Bill S4945

2017-2018 Legislative Session

Relates to venue for certain civil actions arising out of certain violations of the lien law and the vehicle and traffic law

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to judiciary

2017-S4945 (ACTIVE) - Details

See Assembly Version of this Bill:: A6100
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §505-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7407, A11679
2011-2012: S955, A1110
2013-2014: S141, A4067
2015-2016: S166, A6762
2019-2020: A6272

2017-S4945 (ACTIVE) - Summary

Relates to venue for certain civil actions arising out of certain violations of the lien law and the vehicle and traffic law.

2017-S4945 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4945

 TITLE OF BILL :  An act to amend the civil practice law and rules, in
relation to venue for certain civil actions arising out of violations
of the lien law and vehicle and traffic law

 PURPOSE :

Provides that the venue for a trial for certain civil actions shall be
in the defendant's county where such defendant's business is located,
unless the attorney general shall otherwise object.

 SUMMARY OF PROVISIONS :

Section 1. Amends the Civil Practice Law and Rules by adding a new
section 505-a. Provides that the venue of a trial for certain civil
actions arising out of violations in the lien law and vehicle and
traffic law shall be located in the county where the defendant's
actual place of business is located. Allows the attorney general to
submit a timely objection to such provision.

Section 2. Effective Date

 EXISTING LAW :

None.

 JUSTIFICATION :

After a car is in a crash, the owner of record usually proceeds to get
the vehicle repaired if such owner has collision insurance. If the
insurance company pays the owner and not the repair shop, then the
repair shop has to put a lien on the vehicle and sell it. Foreign car
manufacturers who have liens on these cars then step in and bring
lawsuits in Albany County adding the New York State Attorney General
as a party. The Attorney General usually sends a letter saying the
office will not appear, and the repair shop is left to defend a
lawsuit in Albany, where the lawyers from the foreign manufacturers
are located. It causes great time and expense to defend a case in
Albany and many victims are forced to settle. If the Attorney General
is not going to participate in a civil action, then the lawsuit should
be brought to the county where the business is located.  Foreign car
manufacturers are foreign entities, not entities based in New York
State, and should not be treated by the Civil Practice Law better than
New York State corporations or businesses.

 LEGISLATIVE HISTORY :

2016: S.166-REFERRED TO JUDICIARY/A.6762-referred to judiciary
2015: S.166-REFERRED TO JUDICIARY/A.6762-referred to judiciary
2014:S.141-Referred to Judiciary/A.10467- Referred to Judiciary
2013:S.141-Referred to Judiciary/A.10467- Referred to Judiciary
2012:S.955- Referred to Judiciary/A.1110- Referred to Judiciary
2011:S.955- Notice of Committee Consideration Requested, Discharged
from Codes,Committed to Judiciary/A.1110- Referred to Judiciary
2010:S.7407- Referred to Codes/A.11679 -Referred to Judiciary

 FISCAL IMPLICATIONS :

None to State.

 EFFECTIVE DATE :
Immediately.

2017-S4945 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4945
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  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  venue
   for  certain  civil  actions arising out of violations of the lien law
   and vehicle and traffic law

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 505-a to read as follows:
   §  505-A.  CIVIL ACTIONS ARISING OUT OF CERTAIN VIOLATIONS OF THE LIEN
 LAW AND THE VEHICLE AND TRAFFIC LAW. THE  PLACE  OF  TRIAL  OF  A  CIVIL
 ACTION ARISING OUT OF A VIOLATION OF SECTION TWO HUNDRED ONE OF THE LIEN
 LAW  OR SECTION FOUR HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW,
 IN WHICH THE ATTORNEY GENERAL IS A PARTY, SHALL BE IN THE  COUNTY  WHERE
 THE  DEFENDANT  HAS  THEIR  ACTUAL PLACE OF BUSINESS UNLESS THE ATTORNEY
 GENERAL SHALL TIMELY OBJECT THERETO AND SHALL HAVE APPEARED  BY  SERVING
 NOTICE OF APPEARANCE TO THOSE PROCEEDINGS.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07182-01-7

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