§ 213 — Residence or business within municipality

New York § 213

• Jurisdiction: New York
• Law UJC: Uniform Justice Court Act
• Art. 2: Jurisdiction

Text

§ 213. Residence or business within municipality.\n (a) In an action described in § 202, either a plaintiff or a defendant\nmust:\n 1. be a resident of the municipality; or\n 2. have a regular employment within the municipality; or\n 3. have a place for the regular transaction of business within the\nmunicipality.\n (b) A corporation, association or partnership shall, for the purposes\nof this section, be deemed a resident of the municipality if it has an\noffice or agency or regularly transacts business in the municipality.\n (c) The requirements of subdivision (a) shall not apply to a\ncounterclaim, cross-claim, third-party claim, or claim asserted by or\nagainst a party who has intervened in the action.\n (d) The requirements of this section shall not be deemed\njurisdictional; they shall be deemed waived by the plaintiff upon his\ncommencing an action in this court, and they shall be deemed waived by\nthe defendant unless he raises the objection by motion or in his\nresponsive pleading as prescribed in § 1002 of this act. Notwithstanding\nwaiver by the parties, the court may, on its own initiative at any time,\ndismiss an action which does not satisfy the requirements of this\nsection. Any dismissal under this section shall entitle the parties to\nthe benefit of CPLR § 205, relating to an extension of time to commence\na new action.\n