reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › 312 - Personal Service Upon a Court, Board or Commission.

§  312.  Personal  service upon a court, board or commission. Personal
  service upon a court consisting of three or more judges may be  made  by
  delivering the summons to any one of them. Personal service upon a board
  or commission having a chairman or other presiding officer, secretary or
  clerk,  by  whatever  official  title  he  is  called,  may  be  made by
  delivering the  summons  to  him.  Personal  service  upon  a  board  or
  commission  of  a  town  or  village  may also be made by delivering the
  summons to the clerk of the town or village. Personal service  upon  any
  other board or commission shall be made by delivering the summons to any
  one of the members.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › 313 - Service Without the State Giving Personal Jurisdiction.

§  313.  Service  without  the state giving personal jurisdiction.   A
  person domiciled in the state or subject  to  the  jurisdiction  of  the
  courts  of  the  state  under  section  301  or  302, or his executor or
  administrator, may be served with the summons without the state, in  the
  same  manner  as  service  is  made  within  the  state,  by  any person
  authorized to make service within the state who is  a  resident  of  the
  state  or  by  any  person authorized to make service by the laws of the
  state, territory, possession or country in which service is made  or  by
  any duly qualified attorney, solicitor, barrister, or equivalent in such
  jurisdiction.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › 314 - Service Without the State Not Giving Personal Jurisdiction in Certain Actions.

§  314.  Service without the state not giving personal jurisdiction in
  certain actions.  Service may be made without the state  by  any  person
  authorized  by  section 313 in the same manner as service is made within
  the state:
1. in a matrimonial action; or
2. where a judgment is demanded  that  the  person  to  be  served  be
  excluded  from  a vested or contingent interest in or lien upon specific
  real or personal property within the state; or that such an interest  or
  lien  in  favor  of  either  party  be  enforced,  regulated, defined or
  limited; or otherwise affecting the title to such property, including an
  action of interpleader or defensive interpleader; or
3. where a levy upon property of the person to be served has been made
  within the state pursuant to an order of attachment or a chattel of such
  person has been seized in an action to recover a chattel.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › 315 - Service by Publication Authorized.

§  315.  Service  by  publication authorized.   The court, upon motion
  without notice, shall order service of a summons by  publication  in  an
  action  described  in  section  314 if service cannot be made by another
  prescribed method with due diligence.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › R316 - Service by Publication.

Rule  316.  Service  by  publication.   (a) Contents of order; form of
publication; filing. An order for service of a  summons  by  publication
shall  direct  that the summons be published together with the notice to
the defendant, a brief statement of the nature of  the  action  and  the
relief sought, and, except in an action for medical malpractice, the sum
of  money for which judgment may be taken in case of default and, if the
action is brought to recover a judgment affecting the title to,  or  the
possession,  use  or enjoyment of, real property, a brief description of
the property, in two newspapers, at least one in the  English  language,
designated  in  the order as most likely to give notice to the person to
be served, for  a  specified  time,  at  least  once  in  each  of  four
successive  weeks,  except that in the matrimonial action publication in
one newspaper in the English language, designated in the order  as  most
likely  to give notice to the person to be served, at least once in each
of three successive weeks shall be sufficient. The  summons,  complaint,
or  summons and notice in an action for divorce or separation, order and
papers on which the order was based shall be  filed  on  or  before  the
first day of publication.
(b)  Mailing to accompany publication in matrimonial actions. An order
for service of a summons by publication in a  matrimonial  action  shall
also direct that on or before the first day of publication a copy of the
summons  be  mailed to the person to be served unless a place where such
person  probably  would  receive  mail  cannot  with  due  diligence  be
ascertained  and  the  court  dispenses  with  such mailing. A notice of
publication shall be enclosed.
(c) Time of publication; when service complete. The first  publication
of  the  summons  shall  be  made  within thirty days after the order is
granted. Service by publication is complete  on  the  twenty-eighth  day
after  the day of first publication, except that in a matrimonial action
it  is  complete  on  the  twenty-first  day  after  the  day  of  first
publication.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › 317 - Defense by Person to Whom Summons Not Personally Delivered.

§  317. Defense by person to whom summons not personally delivered.  A
  person served with a summons other than by personal delivery to  him  or
  to  his  agent  for service designated under rule 318, within or without
  the state, who does not appear may  be  allowed  to  defend  the  action
  within one year after he obtains knowledge of entry of the judgment, but
  in no event more than five years after such entry, upon a finding of the
  court  that  he did not personally receive notice of the summons in time
  to defend and has a meritorious defense. If the defense  is  successful,
  the  court  may  direct  and  enforce restitution in the same manner and
  subject to the same conditions  as  where  a  judgment  is  reversed  or
  modified  on  appeal.  This  section  does  not  apply  to an action for
  divorce, annulment or partition.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › R318 - Designation of Agent for Service.

Rule  318.  Designation  of  agent  for  service.    A  person  may be
  designated by a natural person, corporation or partnership as  an  agent
  for  service  in a writing, executed and acknowledged in the same manner
  as a deed, with the consent of the agent endorsed thereon.  The  writing
  shall  be  filed  in  the office of the clerk of the county in which the
  principal to  be  served  resides  or  has  its  principal  office.  The
  designation  shall  remain  in  effect  for three years from such filing
  unless it has been revoked by the filing of  a  revocation,  or  by  the
  death,  judicial declaration of incompetency or legal termination of the
  agent or principal.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › R320 - Defendant's Appearance.

Rule  320. Defendant's appearance.  (a) Requirement of appearance. The
defendant appears by serving an answer or a notice of appearance, or  by
making a motion which has the effect of extending the time to answer. An
appearance  shall  be  made  within  twenty  days  after  service of the
summons, except that if the summons  was  served  on  the  defendant  by
delivering  it to an official of the state authorized to receive service
in his behalf or if it was served pursuant to section  303,  subdivision
two,  three,  four  or five of section 308, or sections 313, 314 or 315,
the appearance shall  be  made  within  thirty  days  after  service  is
complete.  If  the complaint is not served with the summons, the time to
appear may be extended as provided in subdivision (b) of section 3012.
(b) When appearance confers personal jurisdiction, generally.  Subject
to the provisions of subdivision (c), an appearance of the defendant  is
equivalent  to  personal  service  of  the  summons  upon him, unless an
objection to jurisdiction under paragraph eight of  subdivision  (a)  of
rule  3211  is  asserted  by motion or in the answer as provided in rule
3211.
(c) When appearance confers personal jurisdiction, in certain actions;
limited appearance. When the court's  jurisdiction  is  not  based  upon
personal  service  on  the defendant, an appearance is not equivalent to
personal service upon the defendant:
1. in  a  case  specified  in  subdivision  (3)  of  section  314,  if
jurisdiction  is based solely upon a levy on defendant's property within
the state pursuant to an order of attachment; or
2. in any other case specified in section  314,  if  an  objection  to
jurisdiction  under  paragraphs eight or nine of subdivision (a) of rule
3211, or both, is asserted by motion or in the  answer  as  provided  in
rule  3211,  unless  the  defendant  proceeds  with  the  defense  after
asserting the  objection  to  jurisdiction  and  the  objection  is  not
ultimately sustained.
(d)  Appearance  after first publication.  Where the defendant appears
during the period of publication of a summons against him,  the  service
by publication shall be deemed completed by the appearance.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › R322 - Authority for Appearance of Attorney in Real Property Action.

Rule  322.  Authority  for  appearance  of  attorney  in real property
action.  (a) Authority of plaintiff's attorney. Where the  defendant  in
an  action  affecting real property has not been served with evidence of
the authority of the plaintiff's attorney to begin the  action,  he  may
move  at any time before answering for an order directing the production
of such evidence. Any writing by the plaintiff or his  agent  requesting
the  attorney to begin the action or ratifying his conduct of the action
on behalf of the plaintiff is prima facie  evidence  of  the  attorney's
authority.
(b) Authority of non-resident defendant's attorney. The attorney for a
non-resident  defendant  in an action affecting real property shall file
with the clerk  written  authority  for  his  appearance,  executed  and
acknowledged  in the form required to entitle a deed to be recorded, and
shall serve either a copy of such authority or notice of such filing  on
the  plaintiff's attorney within twenty days after appearing or making a
motion.
(c) Agencies or wholly-owned corporations of the United States.   This
rule  does  not apply to an attorney representing an official, agency or
instrumentality of, or corporation wholly owned by, the United States.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › R326 - Procedure on Removal.

Rule 326. Procedure on removal.  (a) Stay of proceedings.  An order to
stay  proceedings  for  the purpose of moving for removal may be made by
the court in which the action is pending or the court to  which  removal
is sought.
(b)  Order  and subsequent proceedings.   Where an order of removal is
made by a court other than the court in which the action is  pending,  a
certified  copy  of the order shall be filed with the clerk of the court
in which the action is pending.  Upon such filing or upon  entry  of  an
order  of  removal  by him, the clerk of the court in which an action is
pending shall forthwith deliver to the clerk of the court  to  which  it
has  been  ordered  removed  all  papers  and  records in the action and
certified copies of all  minutes  and  entries  which  shall  be  filed,
entered  or  recorded, as the case requires, in the office of the latter
clerk. Subsequent proceedings shall be had in the court to which it  has
been  ordered  removed  as  if  the action had been originally commenced
there and no process, provisional remedy or other  proceeding  taken  in
the  court  from  which  the  action was removed shall be invalid as the
result of the removal.
(c) Fees and disbursements.  If at the time the order  of  removal  is
entered  any filing, trial or jury demand fees have been paid, such fees
shall be credited against the fees which, for the same purpose, shall be
required in the court to which the action has been  ordered  removed.  A
party  entitled  to tax disbursements after the removal may include fees
paid by him prior to the time the order of removal is entered.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › R327 - Inconvenient Forum.

Rule  327.  Inconvenient  forum.  (a) When the court finds that in the
interest of substantial justice the action should be  heard  in  another
forum,  the  court,  on the motion of any party, may stay or dismiss the
action in whole or in part on any  conditions  that  may  be  just.  The
domicile or residence in this state of any party to the action shall not
preclude the court from staying or dismissing the action.
(b)  Notwithstanding  the  provisions of subdivision (a) of this rule,
the court shall not  stay  or  dismiss  any  action  on  the  ground  of
inconvenient  forum,  where  the  action  arises  out of or relates to a
contract, agreement or  undertaking  to  which  section  5-1402  of  the
general  obligations  law  applies, and the parties to the contract have
agreed that the law of this state shall govern their rights or duties in
whole or in part.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 3 - Jurisdiction and Service, Appearance and Choice of Court › R328 - Assistance to Tribunals and Litigants Outside the State.

Rule 328. Assistance to tribunals and litigants outside the state.
(a) Pursuant to court order. Upon application by any interested person
or  in  response  to  letters  rogatory issued by a tribunal outside the
state, the supreme court or a  county  court  of  the  state  may  order
service  upon  any  person  who  is domiciled or can be found within the
state of any document issued  in  connection  with  a  proceeding  in  a
tribunal  outside  the  state.  The  order  shall  direct  the manner of
service.
(b) Without court order. Service in connection with a proceeding in  a
tribunal outside the state may be made within the state without an order
of court.
(c)  Effect.  Service under this rule does not, of itself, require the
recognition or enforcement of an  order,  judgment  or  decree  rendered
outside the state.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 4 - Special Proceedings › 401 - Parties.

§  401.  Parties.  The  party commencing a special proceeding shall be
  styled the petitioner and any adverse  party  the  respondent.  After  a
  proceeding is commenced, no party shall be joined or interpleaded and no
  third-party  practice  or intervention shall be allowed, except by leave
  of court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 4 - Special Proceedings › 402 - Pleadings.

§  402.  Pleadings. There shall be a petition, which shall comply with
  the requirements for a complaint in an action, and an answer where there
  is  an  adverse  party.  There  shall  be  a  reply  to  a  counterclaim
  denominated as such and there may be a reply to new matter in the answer
  in any case. The court may permit such other pleadings as are authorized
  in  an  action  upon  such  terms  as  it may specify. Where there is no
  adverse  party  the  petition  shall  state  the  result  of  any  prior
  application  for similar relief and shall specify the new facts, if any,
  that were not previously shown.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 4 - Special Proceedings › 403 - Notice of Petition; Service; Order to Show Cause.

§ 403. Notice of petition; service; order to show cause. (a) Notice of
petition.  A  notice of petition shall specify the time and place of the
hearing  on  the  petition  and  the  supporting  affidavits,  if   any,
accompanying the petition.
(b)  Time  for  service  of notice of petition and answer. A notice of
petition, together with the petition and  affidavits  specified  in  the
notice,  shall be served on any adverse party at least eight days before
the time at which the petition is noticed to be  heard.  An  answer  and
supporting  affidavits, if any, shall be served at least two days before
such time. A reply, together with supporting affidavits, if  any,  shall
be  served  at  or  before such time. An answer shall be served at least
seven days before such time if a notice  of  petition  served  at  least
twelve  days  before  such time so demands; whereupon any reply shall be
served at least one day before such time.
(c) Manner of service. A notice of petition shall  be  served  in  the
same manner as a summons in an action.
(d) Order to show cause. The court may grant an order to show cause to
be  served,  in  lieu  of a notice of petition at a time and in a manner
specified therein.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 4 - Special Proceedings › 404 - Objections in Point of Law.

§  404.  Objections in point of law. (a) By respondent. The respondent
may raise an objection in point of law by setting it forth in his answer
or by a motion to dismiss the petition, made upon notice within the time
allowed for answer. If the motion is denied, the court  may  permit  the
respondent  to  answer,  upon  such terms as may be just; and unless the
order specifies otherwise, such answer shall be served and filed  within
five  days  after  service  of  the  order with notice of entry; and the
petitioner may re-notice the matter for hearing upon two  days'  notice,
or  the  respondent may re-notice the matter for hearing upon service of
the answer upon seven days' notice.
(b) By petitioner. The petitioner may raise an objection in  point  of
law  to  new  matter  contained in the answer by setting it forth in his
reply or by moving to strike such matter on  the  day  the  petition  is
noticed or re-noticed to be heard.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 4 - Special Proceedings › 405 - Correction of Defects in Papers.

§ 405. Correction of defects in papers. (a) Motion to correct.  Either
party  may move to cure a defect or omission in the record, or to strike
scandalous or prejudicial matter unnecessarily inserted in  a  pleading,
or  for  a  more  definite  statement of a pleading which is so vague or
ambiguous that he cannot reasonably be required to frame a response.
(b) Time limits; pleading after disposition.  A  party  shall  make  a
motion under this section by serving a notice of motion or order to show
cause  within  the  time allowed for his responsive pleading. Unless the
court so orders on motion made without notice on  the  ground  that  the
party  is  unable  to  plead  until the papers are corrected, the motion
shall not extend the time for such responsive pleading. If the motion is
granted, the party  who  made  the  motion  shall  serve  and  file  his
responsive  pleading  within  five  days  after  service  of the amended
pleading. If the motion is denied and the time  to  serve  a  responsive
pleading  has  been  extended,  the  party  shall  serve  and  file  his
responsive pleading within two days after service of the  order  denying
the motion with notice of entry, unless the order specifies otherwise. A
party may re-notice the matter for hearing upon two days' notice.
(c)  Petitioner's  motion.  The  petitioner  may  raise the objections
specified in subdivision (a) in his reply or by motion  on  the  day  on
which the petition has been noticed or re-noticed to be heard.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 4 - Special Proceedings › 407 - Severance.

§  407.  Severance.  The  court may at any time order a severance of a
  particular claim, counterclaim or cross-claim, or  as  to  a  particular
  party, and order that, as to such claim or party, the special proceeding
  continue as an action or as a separate special proceeding.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 4 - Special Proceedings › 408 - Disclosure.

§  408.  Disclosure.  Leave  of court shall be required for disclosure
  except for a notice under section 3123. A notice under section 3123  may
  be  served  at any time not later than three days before the petition is
  noticed to be heard and the  statement  denying  or  setting  forth  the
  reasons  for failing to admit or deny shall be served not later than one
  day before the petition is noticed to be heard, unless the court  orders
  otherwise  on  motion  made  without notice.   This section shall not be
  applicable to proceedings in a surrogate's  court,  nor  to  proceedings
  relating  to  express trusts pursuant to article 77, both of which shall
  be governed by article 31.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 4 - Special Proceedings › R409 - Hearing.

Rule 409. Hearing. (a) Furnishing of papers; filing. Upon the hearing,
each  party  shall  furnish  to  the court all papers served by him. The
petitioner shall furnish all other papers not already in the  possession
of  the  court necessary to the consideration of the questions involved.
Where such papers are in the possession of an adverse party, they  shall
be  produced  by  such  party  at  the hearing on notice served with the
petition. The court may require the submission of additional proof.  All
papers  furnished  to  the  court shall be filed unless the court orders
otherwise.
(b)  Summary  determination.  The   court   shall   make   a   summary
determination  upon  the  pleadings, papers and admissions to the extent
that no triable issues of fact are raised. The court may make any orders
permitted on a motion for summary judgment.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 4 - Special Proceedings › 410 - Trial.

§ 410. Trial. If triable issues of fact are raised they shall be tried
  forthwith  and  the  court  shall make a final determination thereon. If
  issues are triable of right by jury, the court shall give the parties an
  opportunity to demand a jury trial of such issues. Failure to make  such
  demand  within  the  time  limited  by the court, or, if no such time is
  limited, before trial begins, shall be deemed a waiver of the  right  to
  trial by jury.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › 501 - Contractual Provisions Fixing Venue.

§  501. Contractual provisions fixing venue. Subject to the provisions
  of subdivision two of section five hundred ten and section five  hundred
  fourteen  of this article, written agreement fixing place of trial, made
  before an action is commenced, shall  be  enforced  upon  a  motion  for
  change of place of trial.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › 502 - Conflicting Venue Provisions.

§  502.    Conflicting venue provisions.  Where, because of joinder of
  claims or parties, there is a conflict of provisions under this article,
  the court, upon motion, shall order as the place  of  trial  one  proper
  under this article as to at least one of the parties or claims.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › 503 - Venue Based on Residence.

§ 503. Venue based on residence. (a) Generally. Except where otherwise
prescribed  by  law,  the place of trial shall be in the county in which
one of the parties resided when it was commenced; the county in which  a
substantial  part  of  the  events or omissions giving rise to the claim
occurred; or, if none of the parties then resided in the state,  in  any
county  designated  by  the plaintiff. A party resident in more than one
county shall be deemed a resident of each such county.
(b) Executor, administrator, trustee, committee, conservator,  general
or  testamentary  guardian,  or  receiver.  An  executor, administrator,
trustee, committee, conservator, general or  testamentary  guardian,  or
receiver  shall be deemed a resident of the county of his appointment as
well as the county in which he actually resides.
(c) Corporation. A domestic  corporation,  or  a  foreign  corporation
authorized to transact business in the state, shall be deemed a resident
of the county in which its principal office is located; except that such
a  corporation,  if  a  railroad  or other common carrier, shall also be
deemed a resident of the county where the cause of action arose.
(d) Unincorporated  association,  partnership,  or  individually-owned
business.  A  president  or  treasurer of an unincorporated association,
suing or being sued on behalf of the  association,  shall  be  deemed  a
resident  of  any  county  in  which  the  association has its principal
office,  as  well  as  the  county  in  which  he  actually  resides.  A
partnership or an individually-owned business shall be deemed a resident
of  any  county  in  which  it  has its principal office, as well as the
county in which the partner or individual  owner  suing  or  being  sued
actually resides.
(e)  Assignee.  In  an  action  for a sum of money only, brought by an
assignee other than an assignee for the benefit of creditors or a holder
in due course of a negotiable instrument, the assignee's residence shall
be deemed the same as that of the original assignor at the time  of  the
original assignment.
(f)  Consumer  credit  transaction.  In  an  action  arising  out of a
consumer credit transaction where a purchaser, borrower or debtor  is  a
defendant,  the place of trial shall be the residence of a defendant, if
one resides within the state or the county where such  transaction  took
place,  if  it  is within the state, or, in other cases, as set forth in
subdivision (a).
(g) Student debt. In an action to  recover  tuition,  fees,  room  and
board,  educational  benefit  payments,  student  loans,  or  other such
charges incurred by a student in furtherance of such student's education
owed to the state of New York, the place of trial shall be the residence
of a defendant, if one resides within the state, or, in other cases,  as
set forth in this article.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › 504 - Actions Against Counties, Cities, Towns, Villages, School Districts and District Corporations.

§  504.  Actions  against  counties,  cities,  towns, villages, school
  districts and district corporations. Notwithstanding the  provisions  of
  any  charter  heretofore  granted  by  the  state  and  subject  to  the
  provisions of subdivision (b) of section 506, the place of trial of  all
  actions  against counties, cities, towns, villages, school districts and
  district corporations or any of their officers,  boards  or  departments
  shall be, for:
1. a county, in such county;
2. a city, except the city of New York, town, village, school district
  or  district  corporation,  in  the  county  in  which  such city, town,
  village, school district or district corporation is situated, or if such
  school district or district corporation is situated  in  more  than  one
  county, in either county; and
3.  the  city  of New York, in the county within the city in which the
  cause of action arose, or if it arose outside of the city, in the county
  of New York.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › 505 - Actions Involving Public Authorities.

§ 505. Actions involving public authorities. (a) Generally.  The place
of trial of an action by or against a public authority constituted under
the  laws of the state shall be in the county in which the authority has
its principal office or where it has facilities involved in the action.
(b) Against New York city transit authority. The place of trial of  an
action  against  the  New  York  city  transit authority shall be in the
county within the city of New York in which the cause of  action  arose,
or, if it arose outside of the city, in the county of New York.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › 506 - Where Special Proceeding Commenced.

§  506.  Where  special  proceeding  commenced.  (a) Generally. Unless
otherwise prescribed in subdivision (b) or in the  law  authorizing  the
proceeding,  a  special proceeding may be commenced in any county within
the judicial district where the proceeding is triable.
(b) Proceeding against body or officer. A proceeding against a body or
officer shall be commenced in any county within  the  judicial  district
where  the respondent made the determination complained of or refused to
perform the duty specifically enjoined upon him by  law,  or  where  the
proceedings  were  brought  or  taken  in the course of which the matter
sought to  be  restrained  originated,  or  where  the  material  events
otherwise took place, or where the principal office of the respondent is
located, except that
1. a proceeding against a justice of the supreme court or a judge of a
county  court or the court of general sessions shall be commenced in the
appellate division in the judicial department where the action,  in  the
course  of  which  the  matter  sought  to  be  enforced  or  restrained
originated, is triable, unless a term of the appellate division in  that
department  is  not  in  session,  in  which  case the proceeding may be
commenced in the appellate division in an adjoining judicial department;
and
2. a proceeding against the regents of the university of the state  of
New  York,  the  commissioner of education, the commissioner of taxation
and finance, the tax appeals tribunal except as provided in section  two
thousand  sixteen  of  the  tax  law, the public service commission, the
commissioner or the department of transportation  relating  to  articles
three,  four, five, six, seven, eight, nine or ten of the transportation
law or to the railroad law, the water resources board,  the  comptroller
or  the department of agriculture and markets, shall be commenced in the
supreme court, Albany county.
3.  notwithstanding  the  provisions  of   paragraph   two   of   this
subdivision, a proceeding against the commissioner of education pursuant
to section forty-four hundred four of the education law may be commenced
in the supreme court in the county of residence of the petitioner.
4.  a  proceeding  against  the  New  York  city  tax appeals tribunal
established by section one hundred sixty-eight  of  the  New  York  city
charter  shall  be  commenced  in  the appellate division of the supreme
court, first department.
5. a proceeding challenging apportionment by the legislature shall  be
commenced  in  the  supreme  court  in  any  of the following designated
counties in a judicial department where at least one petitioner resides:
(i) first judicial department: New York county;
(ii) second judicial department: Westchester county;
(iii) third judicial department: Albany county; or
(iv) fourth judicial department: Erie county.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › 508 - Actions to Recover a Chattel.

§  508.  Actions to recover a chattel. The place of trial of an action
  to recover a chattel may be in the county  in  which  any  part  of  the
  subject of the action is situated at the time of the commencement of the
  action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › 509 - Venue in County Designated.

§  509.  Venue  in county designated. Notwithstanding any provision of
  this article, the place of trial of an action shall  be  in  the  county
  designated  by  the  plaintiff,  unless the place of trial is changed to
  another county by order upon  motion,  or  by  consent  as  provided  in
  subdivision (b) of rule 511.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › 510 - Grounds for Change of Place of Trial.

§  510.  Grounds for change of place of trial. The court, upon motion,
  may change the place of trial of an action where:
1. the county designated for that purpose is not a proper county; or
2. there is reason to believe that an impartial trial cannot be had in
  the proper county; or
3. the convenience of material witnesses and the ends of justice  will
  be promoted by the change.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › R511 - Change of Place of Trial.

Rule.  511. Change of place of trial. (a) Time for motion or demand. A
demand under subdivision (b) for change of place of trial on the  ground
that the county designated for that purpose is not a proper county shall
be  served  with the answer or before the answer is served. A motion for
change of place of trial on any other ground  shall  be  made  within  a
reasonable time after commencement of the action.
(b) Demand for change of place of trial upon ground of improper venue,
where  motion  made. The defendant shall serve a written demand that the
action be tried in a county  he  specifies  as  proper.  Thereafter  the
defendant  may  move  to  change  the place of trial within fifteen days
after service of the demand, unless within five days after such  service
plaintiff  serves a written consent to change the place of trial to that
specified by the defendant. Defendant may notice such motion to be heard
as if the action  were  pending  in  the  county  he  specified,  unless
plaintiff  within  five  days  after  service  of  the  demand serves an
affidavit showing either that the county specified by the  defendant  is
not proper or that the county designated by him is proper.
(c)  Stay of proceedings. No order to stay proceedings for the purpose
of changing the place of trial shall be granted unless it  appears  from
the papers that the change is sought with due diligence.
(d)  Order,  subsequent proceedings and appeal. Upon filing of consent
by the plaintiff or entry of an order changing the place of trial by the
clerk of the county from which it is changed, the clerk shall  forthwith
deliver  to  the  clerk  of the county to which it is changed all papers
filed in the action and certified copies of  all  minutes  and  entries,
which  shall be filed, entered or recorded, as the case requires, in the
office of the latter clerk. Subsequent proceedings shall be had  in  the
county  to  which  the  change  is  made  as  if  it had been designated
originally as the place of trial, except as otherwise  directed  by  the
court.  An  appeal  from  an  order changing the place of trial shall be
taken in the department in which the motion for the order was heard  and
determined.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › R512 - Change of Place of Trial of Action or Issue Triable Without a Jury.

Rule  512. Change of place of trial of action or issue triable without
  a jury. The place of trial of an action or any issue triable  without  a
  jury  may  be,  in the discretion of the court, in any county within the
  judicial district in which the action is triable. After the  trial,  the
  decision  and  all other papers relating to the trial shall be filed and
  the judgment entered in the county where the action is pending.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › 513 - Misplacement of Venue in Consumer Credit Transactions.

§  513. Misplacement of venue in consumer credit transactions.  (a) In
an action arising out of a consumer credit transaction, the clerk  shall
not  accept  a summons for filing when it appears upon its face that the
proper venue is a county other than the county  where  such  summons  is
offered for filing.
(b)  The  clerk  shall  indicate  upon  the  summons  the  date of the
rejection and shall enter such date in  a  register  maintained  by  him
together with the name of the counties in which the summons may properly
be filed.
(c)  Notwithstanding  subdivisions  one  and  three  of  section three
hundred eight, where a summons has been rejected for filing by virtue of
this section, service is complete ten days after such summons  is  filed
in  the  proper  county  with proof of service upon the defendant of the
summons, together with proof of service upon the defendant by registered
or certified mail of a notice setting forth the following:
1. the proper county,
2. the date of filing of the summons,
3. the date within which the answer or notice of appearance is  to  be
filed, and
4. the address at which it is to be filed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 5 - Venue › 514 - Actions Relating to Consumer Goods.

§ 514. Actions relating to consumer goods. 1. For the purposes of this
  section,  "consumer  goods" shall mean goods, wares, paid merchandise or
  services purchased or paid for  by  a  consumer,  the  intended  use  or
  benefit  of  which  is  intended  for  the personal, family or household
  purposes of such consumer.
2. In any contract involving the sale, lease or otherwise providing of
  consumer goods, any portion of the contract or any clause which purports
  to designate, restrict, or limit the venue in which  a  claim  shall  be
  adjudicated or arbitrated shall be deemed void as against public policy.
  Nothing  in  this  section shall be deemed to affect the validity of any
  other aspect of a contract.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 6 - Joinder of Claims, Consolidation and Severance › 601 - Joinder of Claims.

§  601.  Joinder  of  claims.  (a) The plaintiff in a complaint or the
defendant in an answer setting forth a counterclaim or  cross-claim  may
join  as  many claims as he may have against an adverse party. There may
be like joinder of claims when there are multiple parties.
(b) Two or more plaintiffs may join no more than five  claims  in  any
one  action  or  proceeding  against  the  same defendant arising out of
separate consumer credit transactions, provided that the plaintiffs  are
represented by the same attorney.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 6 - Joinder of Claims, Consolidation and Severance › 602 - Consolidation.

§  602.  Consolidation. (a) Generally. When actions involving a common
question of law or fact are pending before  a  court,  the  court,  upon
motion,  may order a joint trial of any or all the matters in issue, may
order  the  actions  consolidated,  and  may  make  such  other   orders
concerning proceedings therein as may tend to avoid unnecessary costs or
delay.
(b)  Cases  pending in different courts. Where an action is pending in
the supreme court it may,  upon  motion,  remove  to  itself  an  action
pending  in  another  court and consolidate it or have it tried together
with that in the supreme court. Where an action is pending in the county
court, it may, upon motion, remove to itself  an  action  pending  in  a
city, municipal, district or justice court in the county and consolidate
it or have it tried together with that in the county court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 6 - Joinder of Claims, Consolidation and Severance › 603 - Severance and Separate Trials.

§ 603. Severance and separate trials. In furtherance of convenience or
  to  avoid  prejudice  the  court may order a severance of claims, or may
  order a separate trial of any claim, or of any separate issue. The court
  may order the trial of any claim or issue prior  to  the  trial  of  the
  others.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 6 - Joinder of Claims, Consolidation and Severance › 604 - Change by Supreme Court of Place of Trial of Action Pending in Another Court.

§  604. Change by supreme court of place of trial of action pending in
  another court. Upon motion of any party, the  supreme  court  may  order
  that  an  issue of fact in an action pending in another court, except an
  action relating to real property pending in a county court, be tried  in
  the  supreme  court  in  another  county upon such terms as may be just.
  After the trial, the clerk of the county in which  it  has  taken  place
  shall  certify  the minutes thereof, which shall be filed with the clerk
  of the court in which the  action  is  pending.  Subsequent  proceedings
  shall  be  the same as if the issue had been tried in the court in which
  the action is pending.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 9 - Class Actions › 901 - Prerequisites to a Class Action.

§  901.  Prerequisites  to a class action. a. One or more members of a
  class may sue or be sued as representative parties on behalf of all if:
1. the class is so numerous  that  joinder  of  all  members,  whether
  otherwise required or permitted, is impracticable;
2.  there  are  questions  of  law  or  fact common to the class which
  predominate over any questions affecting only individual members;
3. the claims or defenses of the representative parties are typical of
  the claims or defenses of the class;
4. the representative parties will fairly and adequately  protect  the
  interests of the class; and
5.  a class action is superior to other available methods for the fair
  and efficient adjudication of the controversy.
b. Unless a statute creating or  imposing  a  penalty,  or  a  minimum
  measure  of  recovery  specifically authorizes the recovery thereof in a
  class action, an action to recover a  penalty,  or  minimum  measure  of
  recovery  created or imposed by statute may not be maintained as a class
  action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 9 - Class Actions › 902 - Order Allowing Class Action.

§  902.  Order allowing class action. Within sixty days after the time
  to serve a responsive pleading has expired  for  all  persons  named  as
  defendants  in  an action brought as a class action, the plaintiff shall
  move for an order to determine whether it is to  be  so  maintained.  An
  order  under  this  section  may  be  conditional, and may be altered or
  amended before the decision on the merits on the court's own  motion  or
  on motion of the parties. The action may be maintained as a class action
  only  if  the  court finds that the prerequisites under section 901 have
  been satisfied. Among the matters which  the  court  shall  consider  in
  determining whether the action may proceed as a class action are:
1.  the  interest  of members of the class in individually controlling
  the prosecution or defense of separate actions;
2. the impracticability or inefficiency of  prosecuting  or  defending
  separate actions;
3.  the extent and nature of any litigation concerning the controversy
  already commenced by or against members of the class;
4. the desirability or undesirability of concentrating the  litigation
  of the claim in the particular forum;
5.  the  difficulties  likely to be encountered in the management of a
  class action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 9 - Class Actions › 904 - Notice of Class Action.

§  904. Notice of class action. (a) In class actions brought primarily
for injunctive or declaratory relief, notice  of  the  pendency  of  the
action need not be given to the class unless the court finds that notice
is  necessary  to  protect  the interests of the represented parties and
that the cost of notice will not prevent the action from going forward.
(b) In all other class actions, reasonable notice of the  commencement
of  a  class  action  shall  be given to the class in such manner as the
court directs.
(c) The content of the notice shall be subject to court approval.   In
determining  the  method by which notice is to be given, the court shall
consider
I. the cost of giving notice by each method considered
II. the resources of the parties and
III. the stake of each  represented  member  of  the  class,  and  the
likelihood  that significant numbers of represented members would desire
to exclude themselves from the class or to  appear  individually,  which
may  be  determined,  in  the court's discretion, by sending notice to a
random sample of the class.
(d) I. Preliminary determination of expenses of notification.   Unless
the  court  orders  otherwise,  the  plaintiff shall bear the expense of
notification.   The court may, if justice  requires,  require  that  the
defendant  bear the expense of notification, or may require each of them
to bear a part of the expense in proportion to the likelihood that  each
will  prevail upon the merits.  The court may hold a preliminary hearing
to determine how the costs of notice should be apportioned.
II. Final determination. Upon termination of the action  by  order  or
judgment,  the  court  may,  but  shall not be required to, allow to the
prevailing party the expenses of notification as  taxable  disbursements
under article eighty-three of the civil practice law and rules.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 9 - Class Actions › 906 - Actions Conducted Partially as Class Actions.

§ 906. Actions conducted partially as class actions. When appropriate,
1.  an  action  may  be  brought  or maintained as a class action with
  respect to particular issues, or
2. a class may be divided into subclasses and each subclass treated as
  a class.
The provisions of this article shall then  be  construed  and  applied
  accordingly.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 9 - Class Actions › R907 - Orders in Conduct of Class Actions.

Rule  907. Orders in conduct of class actions. In the conduct of class
  actions the court may make appropriate orders:
1. determining the course of proceedings or  prescribing  measures  to
  prevent undue repetition or complication in the presentation of evidence
  or argument;
2.  requiring,  for  the  protection  of  the members of the class, or
  otherwise for the fair conduct of the action, that notice  be  given  in
  such manner as the court may direct to some or all of the members of any
  step in the action, or of the proposed extent of the judgment, or of the
  opportunity   of   members   to   signify   whether  they  consider  the
  representation fair and adequate, or to appear  and  present  claims  or
  defenses, or otherwise to come into the action;
3.   imposing   conditions   on   the  representative  parties  or  on
  intervenors;
4. requiring that the pleadings  be  amended  to  eliminate  therefrom
  allegations  as to representation of absent persons, and that the action
  proceed accordingly;
5. directing that a money judgment favorable  to  the  class  be  paid
  either  in one sum, whether forthwith or within such period as the court
  may fix, or in such installments as the court may specify;
6. dealing with similar procedural matters.
The orders may be altered or amended as may be desirable from time  to
  time.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 9 - Class Actions › R908 - Dismissal, Discontinuance or Compromise.

Rule  908.    Dismissal, discontinuance or compromise.  A class action
  shall  not  be  dismissed,  discontinued,  or  compromised  without  the
  approval   of   the   court.      Notice   of  the  proposed  dismissal,
  discontinuance, or compromise shall be given to all members of the class
  in such manner as the court directs.