Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 302
Real property actions; venue
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 3
§ 302. Real property actions; venue. A real property action, as
defined in § 203 of this act, whether asserted by a plaintiff or by any
party by way of counterclaim, cross-claim or third-party claim, shall be
brought and adjudicated only in the county in which such real property
or a part thereof is situated. If by virtue of the venue applicable to
the cause of action asserted by plaintiff the main action is triable in
a county other than that in which the real property is situated, the
court must either:

(a) transfer the entire action to the county wherein the real property
is situated, if the transfer may be effected without prejudice to the
rights of any party; or

(b) strike the real property cause of action, no matter by whom
asserted, without prejudice to the party asserting it to commence it in
the proper county.

If more than one real property cause of action appear, the court may
make such disposition as is just under the circumstances, and a real
property action, no matter by whom asserted, may be tried in a county
other than that in which the real property or a part thereof is situated
only if there is reason to believe that an impartial trial cannot be had
in the latter county.