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This entry was published on 2014-09-22
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SECTION 213
Residence or business within municipality
Uniform Justice Court Act (UJC) CHAPTER 898, ARTICLE 2
§ 213. Residence or business within municipality.

(a) In an action described in § 202, either a plaintiff or a defendant
must:

1. be a resident of the municipality; or

2. have a regular employment within the municipality; or

3. have a place for the regular transaction of business within the
municipality.

(b) A corporation, association or partnership shall, for the purposes
of this section, be deemed a resident of the municipality if it has an
office or agency or regularly transacts business in the municipality.

(c) The requirements of subdivision (a) shall not apply to a
counterclaim, cross-claim, third-party claim, or claim asserted by or
against a party who has intervened in the action.

(d) The requirements of this section shall not be deemed
jurisdictional; they shall be deemed waived by the plaintiff upon his
commencing an action in this court, and they shall be deemed waived by
the defendant unless he raises the objection by motion or in his
responsive pleading as prescribed in § 1002 of this act. Notwithstanding
waiver by the parties, the court may, on its own initiative at any time,
dismiss an action which does not satisfy the requirements of this
section. Any dismissal under this section shall entitle the parties to
the benefit of CPLR § 205, relating to an extension of time to commence
a new action.