Relates to venue for certain civil actions arising out of certain violations of the lien law and the vehicle and traffic law.

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S141-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S141-2013 Memo

BILL NUMBER:S141

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to venue for
certain civil actions arising out of violations of the lien law and
vehicle and traffic law

PURPOSE:
Provides that the venue for a trial for certain civil actions shall be
in the defendant's county where such defendant's business is located,
unless the attorney general shall otherwise object.

SUMMARY OF PROVISIONS:
Section 1. Amends the Civil Practice Law and Rules by adding a new
section 505-a.
Provides that the venue of a trial for certain civil actions arising
out of violations in the lien law and vehicle and traffic law shall
be located in the county where the defendant's actual place of
business is located. Allows the attorney general to submit a timely
objection to such provision.

Section 2. Effective Date

EXISTING LAW:
None.

JUSTIFICATION:
After a car is in a crash, the owner of record usually proceeds to get
the vehicle repaired if such owner has collision insurance. If the
insurance company pays the owner and not the repair shop, then the
repair shop has to put a lien on the vehicle and sell it. Foreign car
manufacturers who have liens on these cars then step in and bring
lawsuits in Albany County adding the New York State Attorney General
as a party. The Attorney General usually sends a letter saying the
office will not appear, and the repair shop is left to defend a
lawsuit in Albany, where the lawyers from the foreign manufacturers
are located. It causes great time and expense to defend a case in
Albany and many victims are forced to settle. If the Attorney General
is not going to participate in a civil action, then the lawsuit
should be brought to the county where the business is located.
Foreign car manufacturers are foreign entities, not entities based in
New York State, and should not be treated by the Civil Practice Law
better than New York State corporations or businesses.

LEGISLATIVE HISTORY:
2012: S.955  Referred to Judiciary/A.1110 Referred to Judiciary
2011: S.955  Notice  of Committee Consideration Requested,
      Discharged from Codes, Committed to Judiciary/A.1110 -
      Referred to Judiciary
2010: S.7407 - Referred to Codes/A.11679 - Referred to Judiciary

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:


Immediately.

S141-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     141

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  DIAZ  --  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  venue
    for  certain  civil  actions arising out of violations of the lien law
    and vehicle and traffic law

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The civil practice law and rules is amended by adding a new
  section 505-a to read as follows:

    S  505-A.  CIVIL ACTIONS ARISING OUT OF CERTAIN VIOLATIONS OF THE LIEN
  LAW AND THE VEHICLE AND TRAFFIC LAW. THE  PLACE  OF  TRIAL  OF  A  CIVIL
  ACTION ARISING OUT OF A VIOLATION OF SECTION TWO HUNDRED ONE OF THE LIEN
  LAW  OR SECTION FOUR HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW,
  IN WHICH THE ATTORNEY GENERAL IS A PARTY, SHALL BE IN THE  COUNTY  WHERE
  THE  DEFENDANT  HAS  THEIR  ACTUAL PLACE OF BUSINESS UNLESS THE ATTORNEY
  GENERAL SHALL TIMELY OBJECT THERETO AND SHALL HAVE APPEARED  BY  SERVING
  NOTICE OF APPEARANCE TO THOSE PROCEEDINGS.
    S 2. This act shall take effect immediately.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00877-01-3