Article 5 Venue

Question 1

   CPLR 501
A written agreement by two parties fixing venue should:
(a)   be enforced, because generally the parties may agree to the place of the trial
(b)   not be enforced, because private parties can’t tell a court what it should do
(c)   be enforced, because the court must recognize all agreements
(d)   not be enforced, because the law is clear as to where venue must be set at all times.

Answer 1

 Answer: (a)
CPLR 501 provides that generally a written agreement fixing venue (i.e., place of trial within the jurisdiction) shall be enforced.

Question 2

  CPLR Article 5
The venue in an action refers to:
(a)   the place of trial
(b)   the amount of money damages sought
(c)   the nature of the action
(d)   the probable duration of the trial
(e)   the place where the cause of action arose.

Answer 2

Answer: (a)
Article 5 of the CPLR contains provisions with respect to venue. Venue refers to the geographical subdivisions of a single court in which an action can be brought. The Supreme Court, for example, is a single court having statewide jurisdiction. It is divided into geographical subdivisions by county. Thus, the venue rules of Article 5 of the CPLR determine in which counties a particular Supreme Court action may be brought.

Question 3

 CPLR 502
Where because of joinder of claims or parties there is a conflict as to venue, the court, upon motion, shall order as the place of trial:
(a)   the place where the cause of action arose
(b)   the place where the defendant resides
(c)   one proper as to at least one of the parties or claims
(d)   any of the above.

Answer 3

 Answer: (c)
CPLR 502 provides that where, because of joinder of claims or parties, there is a conflict as to venue, the court, upon motion, shall order as the place of trial one which is proper as to at least one of the parties. Thus, if there is a conflict over proper venue, the court has authority to choose where the action shall be heard provided it is proper as to one of the parties or claims.

Question 4

    CPLR 503
For venue purposes, an executor, administrator or testamentary guardian shall be deemed a resident of:
(a)   only the county in which he resides
(b)   only the county of his appointment
(c)   both the county in which he resides and the county of his appointment
(d)   the county of his appointment and any bordering county
(e)   none of the above.

Answer 4

 Answer: (c)
CPLR 503(b) provides that for purposes of determining venue, an executor, administrator or testamentary guardian shall be deemed a resident of (i) the county in which he resides and (ii) the county of his appointment.

Question 5

    CPLR 503
For venue purposes, a foreign corporation authorized to transact business in the State shall be deemed a resident of:
(a)   Albany County
(b)   New York County
(c)   the county in which its principal office is located
(d)   any county in which it does business
(e)   both (c) and (d)

Answer 5

 Answer: (c)
CPLR 503 states that 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.

Question 6

   CPLR 503
Select the best answer.
With respect to venue:
(a)   the place of trial is determined by the court in its sole discretion
(b)   the place of trial must generally be where the cause of action arose
(c)   the place of trial must generally be where at least one defendant resides or is employed
(d)   the place of trial in an action not involving real property can generally be in any county in which one of the parties resides when the action is commenced
(e)   the place of trial in an action not involving real property can generally be in any county in which one of the parties resided when the cause of action arose.

Answer 6

  Answer: (d)
CPLR 503(a) provides that except where otherwise prescribed by law (see CPLR 507 with regard to real property actions), the place of trial shall be in the county in which one of the parties resided when the action was commenced, the county in which a substantial part of the events or omissions occurred; or, if none of the parties then resided in the State, in any county designated by the plaintiff.

Question 7

  CPLR 503
For venue purposes, a partnership or individually-owned business shall be deemed a resident of:
(a)   only the county in which it has its principal office
(b)   only the county in which the partner or individual owner suing or being sued actually resides
(c)   the 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
(d)   any county in which it is doing business, as well as the county in which the partner or individual owner suing or being sued actually resides.

Answer 7

  Answer: (c)
CPLR 503(d) provides that a partnership or proprietorship is a resident of (i) the county in which it has its principal office and (ii) the county in which the partner or individual owner in the action actually resides.

Question 8

   CPLR 503
A domestic corporation, for venue purposes, is deemed a resident of any county:
(a)   where it is incorporated
(b)   where any of its officers or directors reside
(c)   in which its principal office is located
(d)   in which it is doing business.

Answer 8

  Answer: (c)
CPLR 503(c) states that a domestic corporation is deemed a resident of the county in which its principal office is located. All other choices are unsupported by the CPLR.

Question 9

   CPLR 503
Acme Used Cars, a partnership with its principal office in Broome county and its two partners residing in Albany County, sells an automobile in a consumer credit transaction to a resident of Columbia County for fifteen hundred dollars. The transaction takes place in Columbia County. In an action by Acme against the Columbia County resident for failing to make his car payments on time, venue lies in:
1.   Albany County
2.   Broome County
3.   Columbia County
(a)   2
(b)   3
(c)   1 and 2
(d)   1, 2, and 3.

Answer 9

  Answer: (b)
CPLR 503(f) provides that 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: (i) the residence of a defendant or (ii) the county where the transaction took place. This avoids any undue inconvenience being placed on consumers. Thus, choice (b) (the county in which the consumer resides) is the proper venue. If the transaction had taken place in Broome County the place of trial would be either Broome County or Columbia County.

Question 10

  CPLR 504
For venue purposes, the place of trial for an action against the City of New York which arose in Kings County shall be:
(a)   New York County
(b)   Kings County
(c)   any of the five counties of New York City
(d)   any of the five counties in New York City except New York County
(e)   none of the above.

Answer 10

Answer: (b)
CPLR 504(3) states that in an action against the City of New York, the place of trial shall be in the county within the City in which the cause of action arose. If the cause of action arose outside New York City, then the place of trial shall be New York County.

Question 11

  CPLR 505
The Dormitory Authority of New York is a public authority constituted under the laws of New York. In an action by or against the authority the place of trial:
(a)   must be the county where the authority has facilities involved in the action
(b)   must be the county in which the authority has its principal office
(c)   must be either the county where the authority has facilities involved in the action or the county where the authority has its principal office
(d)   may be any county in the State
(e)   may be any county in which the authority has an office.

Answer 11

Answer: (c)
CPLR 505(a) provides that the place of trial of an action by or against a public authority shall be in the county in which the authority has its principal office or where it has facilities involved in the action. Thus, choices (a), (b) and (d) are incorrect.
Choice (e) is incorrect since the county in which the authority has its principal office is controlling.

Question 12

CPLR 505
When a cause of action arises against the New York City Transit Authority in one of the five counties of New York City, proper venue lies in:
(a)   any of the five counties of New York City
(b)   the county where the plaintiff resides
(c)   New York County, only
(d)   the county in New York City where the cause of action arose
(e)   the county where the authority has its principal place of business.

Answer 12

 Answer: (d)
CPLR 505(b) provides that 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 the cause of action arose outside New York City, in the County of New York. Thus, choice (d) is the answer.

Question 13

 CPLR 506
As a general rule, a proceeding against a body or officer shall be commenced in any county within the judicial district where the respondent:
1.   made the determination complained of
2.   refused to perform the duty specifically enjoined upon him by law
3.   has its principal office
4.   was involved in the material events which took place.
(a)   only 3
(b)   only 1 or 3
(c)   only 1, 2 or 4
(d)   only 1, 2 or 3
(e)1, 2, 3 or 4.

Answer 13

Answer: (e)
CPLR 506(b) provides that a proceeding against a body or officer (i.e., Article 78 proceeding) shall be commenced in any county within the judicial district where the respondent (i.e., a body or officer) (i) made the determination complained of, (ii) refused to perform the duty specifically enjoined upon him by law, (iii) has its principal office, or (iv) where the material events took place. Thus, choice (e) is correct. NOTE, an Article 78 proceeding is normally brought against a public agency.

Question 14

  CPLR 506
Venue in a proceeding against a justice of the New York State Supreme Court in his capacity as such is generally fixed:
(a)   in the county in which the justice resides
(b)   in the county in which the plaintiff resides
(c)   in any county of the State
(d)   in the Appellate Division in the judicial department in which the action sued upon is triable.

Answer 14

  Answer: (d)
CPLR 506(b) provides that in a proceeding against a justice of the Supreme Court, venue is in the Appellate Division in the judicial department where the action sued upon is triable. All other choices are unsupported by the CPLR.

Question 15

    CPLR 507
Venue in actions affecting title to real property lies in the county:
(a)   where the plaintiff resides
(b)   where the defendant resides
(c)   where either party resides
(d)   where the property is located
(e)   where the property is located or any party resides.

Answer 15

Answer: (d)
CPLR 507 provides that in actions affecting title to real property, venue shall be in the county in which the property is located. All other choices are unsupported by the CPLR.

Question 16

    CPLR 508
With regard to an action to recover a chattel (i.e., a tangible item of personal property) venue lies in:
(a)   any county in which the subject of the action is situated at the time trial is ready to begin
(b)   any county in which the subject of the action is or was formerly situated
(c)   any county where the defendant has assets which can be attached
(d)   any county in which the subject of the action is situated at the time of the commencement of the action.

Answer 16

Answer: (d)
CPLR 508 provides that venue of an action to recover a chattel (i.e., tangible item of personal property) may be in the county in which the property is located at the commencement of the action.

Question 17

 CPLR 509
Unless venue is changed by a court order upon motion or by consent of the parties, the choice of venue which will prevail is that of the:
(a)   plaintiff
(b)   defendant
(c)   majority of the parties
(d)   court clerk.

Answer 17

 Answer: (a)
CPLR 509 is designed to highlight that improper venue, unlike subject matter jurisdiction, may be waived. Thus, unless changed by a court order upon motion or consent of the parties, plaintiffs designation of venue will be deemed good even if otherwise improper under the CPLR.

Question 18

   CPLR 510
The court on motion may change the place of trial of an action where:
1.   the designated county is not a proper county
2.   there is reason to believe that a fair trial cannot be had in the proper county
3.   convenience of material witnesses and the ends of justice will be promoted by the change
(a)   1, 2 or 3
(b)   only 1 or 2
(c)   only 2
(d)   only 1.

Answer 18

 Answer: (a)
CPLR 510 provides that the court, on motion, may change venue for any of the three reasons listed in this question. Thus, choice (a) is correct.

Question 19

    CPLR 511
A demand made to change the place of trial on the ground that the designated county is not a proper county shall be served:
(a)   not less than sixty days before trial
(b)   within a reasonable time after commencement of the action
(c)   with or before service of the answer
(d)   at least five days before service of the answer.

Answer 19

 Answer: (c)
CPLR 511(a) provides that a demand for a change in venue shall be served with the answer or before the answer is served. All other choices are unsupported by the CPLR.

Question 20

   CPLR 511
An appeal from an order changing the place of trial shall:
(a)   not be permitted
(b)   be taken directly to the Court of Appeals
(c)   be taken in the department to which the trial was moved or sought to be moved
(d)   be taken in the department in which the motion for the order was heard and determined
(e)   either (c) or (d).

Answer 20

Answer: (d)
CPLR 511(d) provides that an appeal from an order changing venue shall be taken in the department in which the motion to change venue was heard and determined. All other choices are unsupported by the CPLR.

Question 21

  CPLR 512
In the case of an action or issue triable without a jury, the place of trial may be:
(a)   in any county in the judicial district in which the action is triable, at the court’s discretion
(b)   only in the county where the cause of action arose
(c)   only in the county where a party resides
(d)   in any county within the judicial district in which the trial judge resides.

Answer 21

 Answer: (a)
CPLR 512 provides that the place of trial of an action or issue triable without a jury may, in the court’s discretion, be in any county within the judicial district in which the action is triable.

Question 22

    CPLR 513
In an action arising out of a consumer credit transaction, the court clerk must do which of the following with respect to accepting a summons for filing when an improper venue is designated:
(a)   accept the summons because the defendant has the burden of objecting to improper venue
(b)   not accept the summons because the court requires specific consent to proceed
(c)   accept the summons and transfer the matter to the proper court
(d)   not accept the summons because improper venue is designated on its face, and the clerk must indicate on the summons the rejection date.

Answer 22

 Answer: (d)
CPLR 513(a) indicates that the clerk must not accept such summons for filing when it appears upon its face that improper venue is designated.
CPLR 513(b) requires the clerk to indicate upon the summons the date of the rejection.