Bill Text: NY A05607 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced) 2019-05-02 - advanced to third reading cal.249 [A05607 Detail]

Download: New_York-2019-A05607-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2019
          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:
     1    Section 1. Section 501 of the civil practice law and rules, as amended
     2  by chapter 532 of the laws of 1963, is amended to read as follows:
     3    §  501. Contractual provisions fixing venue. Subject to the provisions
     4  of subdivision two of section [510] five  hundred  ten  and  subdivision
     5  three  of  section five hundred fourteen of this article, written agree-
     6  ment fixing place of trial, made before an action is commenced, shall be
     7  enforced upon a motion for change of place of trial.
     8    § 2. The civil practice law and rules  is  amended  by  adding  a  new
     9  section 514 to read as follows:
    10    § 514. Actions relating to consumer goods. 1. For the purposes of this
    11  section,  "consumer  goods" shall mean goods, wares, paid merchandise or
    12  services purchased or paid for by a consumer, the intended use or  bene-
    13  fit  of which is intended for the personal, family or household purposes
    14  of such consumer.
    15    2. In any contract involving the sale, lease or otherwise providing of
    16  consumer goods, any portion of the contract or any clause which purports
    17  to designate, restrict, or limit the venue in which  a  claim  shall  be
    18  adjudicated or arbitrated shall be deemed void as against public policy.
    19  Nothing  in  this  section shall be deemed to affect the validity of any
    20  other aspect of a contract.
    21    3. In any action or arbitration involving the sale, lease or otherwise
    22  providing of  consumer  goods,  in  addition  to  the  venue  provisions
    23  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.

        A. 5607                             2
     1  of trial or arbitration shall take place in the county where the consum-
     2  er resides.
     3    §  3.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law, and  shall  apply  to  all  actions  and  arbitration
     5  proceedings which have not been commenced prior to such effective date.