senate Bill S429A

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2020 committed to rules
Mar 18, 2020 advanced to third reading
Mar 11, 2020 2nd report cal.
Mar 10, 2020 1st report cal.588
Feb 28, 2020 print number 429a
Feb 28, 2020 amend and recommit to judiciary
Jan 08, 2020 referred to judiciary
Jun 20, 2019 committed to rules
Feb 04, 2019 advanced to third reading
Jan 29, 2019 2nd report cal.
Jan 28, 2019 1st report cal.59
Jan 09, 2019 referred to judiciary

Votes

view votes

Mar 10, 2020 - Judiciary committee Vote

S429A
11
2
committee
11
Aye
2
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Mar 10, 2020

nay (2)
aye wr (1)
excused (1)

Jan 28, 2019 - Judiciary committee Vote

S429
12
1
committee
12
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S429 - Details

See Assembly Version of this Bill:
A5607
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §501, add §514, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: S7954, A9995
2017-2018: S1533, A1328
2021-2022: S997, A2505

S429 - Summary

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

S429 - Sponsor Memo

S429 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    429
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S429A (ACTIVE) - Details

See Assembly Version of this Bill:
A5607
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §501, add §514, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: S7954, A9995
2017-2018: S1533, A1328
2021-2022: S997, A2505

S429A (ACTIVE) - Summary

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

S429A (ACTIVE) - Sponsor Memo

S429A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  429--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens. HOYLMAN, BIAGGI -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   recommitted  to  the  Committee on Judiciary in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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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