NY State Senate Bill 2011-S955

Senate Bill S955

2011-2012 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to judiciary
Apr 25, 2011	notice of committee consideration - requested
Mar 08, 2011	committee discharged and committed to judiciary
Feb 22, 2011	notice of committee consideration - requested
Jan 05, 2011	referred to codes

co-Sponsors

2011-S955 (ACTIVE) - Details

See Assembly Version of this Bill:: A1110
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §505-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7407, A11679
2013-2014: S141, A4067
2015-2016: S166, A6762
2017-2018: S4945, A6100
2019-2020: A6272

2011-S955 (ACTIVE) - Summary

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

2011-S955 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S955

TITLE OF BILL:              REVISED 12/30/11
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 50S-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:
2011: S.955  - Discharged from Codes, Committed to Judiciary
               Notice of Committee Consideration Requested/
               A.1110 - Referred to Judiciary
2010: S.7407 - Referred to Codes/A.11679 - Referred to Judiciary

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
Immediately.

2011-S955 (ACTIVE) - Bill Text download pdf

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

                                   955

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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.
                                                           LBD04080-01-1

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Senate Bill S955

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Sponsored By

Ruben Diaz