|
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 |
Senate Bill S429A
2019-2020 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) Senate District
2019-S429 - Details
2019-S429 - Sponsor Memo
BILL NUMBER: S429
SPONSOR: HOYLMAN
TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to claims relating to consumer goods
PURPOSE OF BILL:
This bill would proscribe venue limitations in contracts relating to the
adjudication or arbitration of disputes concerning consumer goods.
SUMMARY OF PROVISIONS OF BILL:
This bill defines consumer goods in the same manner as exists in current
law, e.g. General Business Law, § 399-C, and states that contracts
purporting to limit or set venue for the adjudication or arbitration of
disputes concerning same are deemed void. The bill allows for the place
of trial to be designated in either the county of the consumer's resi-
dence, in addition to other venue provisions contained in law.
2019-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
(D, WF) Senate District
2019-S429A (ACTIVE) - Details
2019-S429A (ACTIVE) - Sponsor Memo
BILL NUMBER: S429A
SPONSOR: HOYLMAN
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to claims
relating to consumer goods
PURPOSE OF BILL:
This bill would proscribe venue limitations in contracts relating to the
adjudication or arbitration of disputes concerning consumer goods.
SUMMARY OF PROVISIONS OF BILL:
This bill defines consumer goods in the same manner as exists in current
law, e.g. General Business Law, § 399-C, and states that contracts
purporting to limit or set venue for the adjudication or arbitration of
disputes concerning same are deemed void.
2019-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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