New York § 302 Real property actions; venue

New York Statutes

§ 302 — Real property actions; venue

New York § 302

Law CCANew York City Civil Court

Art. 3Venue

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Bluebook

N.Y. New York City Civil Court § 302 (2026).

Text

  § 302. Real property actions; venue. A real property action, as\ndefined in § 203 of this act, whether asserted by a plaintiff or by any\nparty by way of counterclaim, cross-claim or third-party claim, shall be\nbrought and adjudicated only in the county in which such real property\nor a part thereof is situated. If by virtue of the venue applicable to\nthe cause of action asserted by plaintiff the main action is triable in\na county other than that in which the real property is situated, the\ncourt must either:\n  (a) transfer the entire action to the county wherein the real property\nis situated, if the transfer may be effected without prejudice to the\nrights of any party; or\n  (b) strike the real property cause of action, no matter by whom\nasserted, without prejudice to the party a

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§ 302. Real property actions; venue. A real property action, as\ndefined in § 203 of this act, whether asserted by a plaintiff or by any\nparty by way of counterclaim, cross-claim or third-party claim, shall be\nbrought and adjudicated only in the county in which such real property\nor a part thereof is situated. If by virtue of the venue applicable to\nthe cause of action asserted by plaintiff the main action is triable in\na county other than that in which the real property is situated, the\ncourt must either:\n (a) transfer the entire action to the county wherein the real property\nis situated, if the transfer may be effected without prejudice to the\nrights of any party; or\n (b) strike the real property cause of action, no matter by whom\nasserted, without prejudice to the party asserting it to commence it in\nthe proper county.\n If more than one real property cause of action appear, the court may\nmake such disposition as is just under the circumstances, and a real\nproperty action, no matter by whom asserted, may be tried in a county\nother than that in which the real property or a part thereof is situated\nonly if there is reason to believe that an impartial trial cannot be had\nin the latter county.\n