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Assembly Bill A5607A

2019-2020 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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A5607 - Details

See Senate Version of this Bill:
S429
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §501, add §514, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A9995, S7954
2017-2018: A1328, S1533
2021-2022: A2505, S997

2019-A5607 - Summary

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

2019-A5607 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5607
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced by M. of A. WEINSTEIN, DINOWITZ, SEAWRIGHT, COLTON, ABINANTI,
   WEPRIN,  M. G. MILLER, ENGLEBRIGHT, GOTTFRIED, D'URSO, JAFFEE, ZEBROW-
   SKI, TAYLOR -- Multi-Sponsored by -- M. of A. SIMON -- 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.

co-Sponsors

multi-Sponsors

2019-A5607A (ACTIVE) - Details

See Senate Version of this Bill:
S429
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §501, add §514, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A9995, S7954
2017-2018: A1328, S1533
2021-2022: A2505, S997

2019-A5607A (ACTIVE) - Summary

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

2019-A5607A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5607--A
                                                         Cal. No. 211
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced by M. of A. WEINSTEIN, DINOWITZ, SEAWRIGHT, COLTON, ABINANTI,
   WEPRIN,  M. G. MILLER, ENGLEBRIGHT, GOTTFRIED, D'URSO, JAFFEE, ZEBROW-
   SKI, TAYLOR -- Multi-Sponsored by -- M. of A. GRIFFIN, SIMON  --  read
   once  and referred to the Committee on Judiciary -- ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  on  the
   order of third reading
 
 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  SECTION  FIVE
 HUNDRED  FOURTEEN  OF  THIS  ARTICLE,  written agreement 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.  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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