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


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 10, 2020 amended on third reading 5607a
Jan 08, 2020 ordered to third reading cal.211
May 02, 2019 advanced to third reading cal.249
Apr 30, 2019 reported
Apr 08, 2019 reported referred to codes
Feb 14, 2019 referred to judiciary

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

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

A5607 - Summary

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

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

view additional co-sponsors

Multi-Sponsors

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

A5607A (ACTIVE) - Summary

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

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.