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N.Y. CPLR § 503

N.Y. CPLR § 503 - Venue Based on Residence (2024)

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 503, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 503 Venue based on residence § 503. Venue based on residence. (a) Generally. Except where otherwiseprescribed by law, the place of trial shall be in the county in whichone of the parties resided when it was commenced; the county in which asubstantial part of the events or omissions giving rise to the claimoccurred; or, if none of the parties then resided in the state, in anycounty designated by the plaintiff. A party resident in more than onecounty shall be deemed a resident of each such county.(b) Executor, administrator, trustee, committee, conservator, generalor testamentary guardian, or receiver. An executor, administrator,trustee, committee, conservator, general or testamentary guardian, orreceiver shall be deemed a resident of the county of his appointment aswell as the county in which he actually resides.(c) Corporation. A domestic corporation, or a foreign corporationauthorized to transact business in the state, shall be deemed a residentof the county in which its principal office is located; except that sucha corporation, if a railroad or other common carrier, shall also bedeemed a resident of the county where the cause of action arose.(d) Unincorporated association, partnership, or individually-ownedbusiness. A president or treasurer of an unincorporated association,suing or being sued on behalf of the association, shall be deemed aresident of any county in which the association has its principaloffice, as well as the county in which he actually resides. Apartnership or an individually-owned business shall be deemed a residentof any county in which it has its principal office, as well as thecounty in which the partner or individual owner suing or being suedactually resides.(e) Assignee. In an action for a sum of money only, brought by anassignee ot principal office, as well as thecounty in which the partner or individual owner suing or being suedactually resides.(e) Assignee. In an action for a sum of money only, brought by anassignee other than an assignee for the benefit of creditors or a holderin due course of a negotiable instrument, the assignee's residence shallbe deemed the same as that of the original assignor at the time of theoriginal assignment.(f) Consumer credit transaction. In an action arising out of aconsumer credit transaction where a purchaser, borrower or debtor is adefendant, the place of trial shall be the residence of a defendant, ifone resides within the state or the county where such transaction tookplace, if it is within the state, or, in other cases, as set forth insubdivision (a).(g) Student debt. In an action to recover tuition, fees, room andboard, educational benefit payments, student loans, or other suchcharges incurred by a student in furtherance of such student's educationowed to the state of New York, the place of trial shall be the residenceof a defendant, if one resides within the state, or, in other cases, asset forth in this article.