senate Bill S997

2021-2022 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

Current Bill Status Via A2505 - Passed Senate & Assembly


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to assembly
passed senate
3rd reading cal.838
substituted for s997
Jun 10, 2021 substituted by a2505
May 03, 2021 advanced to third reading
Apr 28, 2021 2nd report cal.
Apr 27, 2021 1st report cal.838
Jan 06, 2021 referred to judiciary

Co-Sponsors

S997 (ACTIVE) - Details

See Assembly Version of this Bill:
A2505
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
2019-2020: S429, A5607

S997 (ACTIVE) - Summary

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

S997 (ACTIVE) - Sponsor Memo

S997 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    997
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. HOYLMAN, BIAGGI -- 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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