§ 503 — Venue based on residence

New York § 503

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 5: Venue

Text

§ 503. Venue based on residence. (a) Generally. Except where otherwise\nprescribed by law, the place of trial shall be in the county in which\none of the parties resided when it was commenced; the county in which a\nsubstantial part of the events or omissions giving rise to the claim\noccurred; or, if none of the parties then resided in the state, in any\ncounty designated by the plaintiff. A party resident in more than one\ncounty shall be deemed a resident of each such county.\n (b) Executor, administrator, trustee, committee, conservator, general\nor testamentary guardian, or receiver. An executor, administrator,\ntrustee, committee, conservator, general or testamentary guardian, or\nreceiver shall be deemed a resident of the county of his appointment as\nwell as the county in which he actually resides.\n (c) Corporation. A domestic corporation, or a foreign corporation\nauthorized to transact business in the state, shall be deemed a resident\nof the county in which its principal office is located; except that such\na corporation, if a railroad or other common carrier, shall also be\ndeemed a resident of the county where the cause of action arose.\n (d) Unincorporated association, partnership, or individually-owned\nbusiness. A president or treasurer of an unincorporated association,\nsuing or being sued on behalf of the association, shall be deemed a\nresident of any county in which the association has its principal\noffice, as well as the county in which he actually resides. A\npartnership or an individually-owned business shall be deemed a resident\nof any county in which it has its principal office, as well as the\ncounty in which the partner or individual owner suing or being sued\nactually resides.\n (e) Assignee. In an action for a sum of money only, brought by an\nassignee other than an assignee for the benefit of creditors or a holder\nin due course of a negotiable instrument, the assignee's residence shall\nbe deemed the same as that of the original assignor at the time of the\noriginal assignment.\n (f) Consumer credit transaction. In an action arising out of a\nconsumer credit transaction where a purchaser, borrower or debtor is a\ndefendant, the place of trial shall be the residence of a defendant, if\none resides within the state or the county where such transaction took\nplace, if it is within the state, or, in other cases, as set forth in\nsubdivision (a).\n (g) Student debt. In an action to recover tuition, fees, room and\nboard, educational benefit payments, student loans, or other such\ncharges incurred by a student in furtherance of such student's education\nowed to the state of New York, the place of trial shall be the residence\nof a defendant, if one resides within the state, or, in other cases, as\nset forth in this article.\n