Bill Text: NY S00997 | 2021-2022 | General Assembly | Introduced

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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 2-0)

Status: (Introduced - Dead) 2021-06-10 - SUBSTITUTED BY A2505 [S00997 Detail]

Download: New_York-2021-S00997-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           997

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (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:

     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 section five
     5  hundred fourteen of this article,  written  agreement  fixing  place  of
     6  trial,  made  before  an  action  is commenced, shall be enforced upon a
     7  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. This act shall take effect on the thirtieth day  after  it  shall
    22  have  become  a  law,  and  shall  apply  to all actions and arbitration
    23  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.
                                                                   LBD00006-01-1