CPLR 5: Venue Practice Flashcards

A set of vocabulary flashcards covering New York Civil Practice Law and Rules (CPLR) Article 5, specifically focusing on venue rules, residency requirements, and procedures for changing the place of trial.

Venue

Pursuant to CPLR 5, this refers to the place of trial.

CPLR 501 - Contractual Venue

A rule stating that if there was an agreement (contract) before the lawsuit as to the place a trial would be held, the contract controls and shall be enforced by a motion to change place of trial.

CPLR 502 - Conflicting Venue

If matters are joined for trial and venue is different in the cases, the court upon motion will fix one of the appropriate counties as the trial location.

CPLR 503 - General Residence Rule

Trial is generally held in the county where one of the parties resided at the time the cause of action arose; if neither party resided in NYS, the county designated by the plaintiff is the proper place.

Resident Status (Executors, Administrators, Trustees)

For venue purposes, these individuals are considered residents of the county of their appointment as well as their county of residence.

Corporation Residence

A corporation is deemed a resident of the county in which its principal office is located.

Unincorporated association, partnership, or individually owned business Residence

The president or treasurer suing on behalf of the entity is a resident of the county where they reside and the county of their principal office.

Assignee for sum of money Residence

The residence is the same as that of the assignor for venue purposes.

Consumer Credit Transaction Venue

The proper place of trial is the county of residence of the defendant.

Student Debt Venue

In actions to recover tuition, loans, or fees owed to the state of New York, trial shall be held at the defendant's residence if they live within NYS.

CPLR 504 - Action against a County

The proper place of trial is in such county.

CPLR 504 - Action against a City (other than NYC)

The proper place of trial is the county in which the city is located.

CPLR 504 - Action against the City of New York

The trial is held in the county within the city in which the cause of action arose.

CPLR 505 - Public Authority Venue

The proper place of trial is the county in which the principal office is located.

New York City Transit Authority Venue

The proper place of trial is the county in New York where the cause of action arose.

CPLR 506 - Special Proceeding Venue

Commenced in any county within the judicial district in which the matter is triable, unless otherwise specified.

Venue against a Supreme or County Court Judge

The proceeding must be brought in the Appellate Division in the Department in which the original action was triable.

Venue against a Public Officer

The trial is in the county where the decision complained of took place or where the principal office of the respondent is located.

NYC Tax Appeals Tribunal Venue

Proceedings against this entity must be brought in the First Department.

CPLR 507 - Real Property Venue

The venue is the county in which the real property is located.

CPLR 508 - Chattel Venue

The venue may be the county in which the chattel is situated at the time of the commencement of the action.

CPLR 509 - Plaintiff's Designation

The county designated by the plaintiff will be the place of trial unless changed on motion.

CPLR 510 - Grounds for Change of Venue

The court may change venue on motion if: 1. the designated county is not proper; 2. an impartial trial cannot be had; or 3. it serves the convenience of material witnesses.

CPLR 511 - Motion Timing (Improper County)

A motion based on improper county must be served with the answer or before the answer is served.

CPLR 511 - Demand to Change Venue Timeline

A defendant must move to change venue within $15$ days of serving a written demand, unless the plaintiff serves a written consent within $5$ days.

CPLR 512 - Change Place of Non-Jury Trial

The court may, on its own without a motion, send a non-jury case to any county within the judicial district in which the action was commenced.

CPLR 513 - Misplacement in Consumer Credit Transactions

The county clerk will not accept a summons if not brought in the proper county; service is considered complete $10$ days after filing in the proper county.