New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT
Section 208.8 - Venue

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 208.8

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Motions for a change of venue. Motions for a change of venue shall be heard in the county division of the court in which the action was instituted. An order of transfer shall direct the disposition of the papers then on file.

(b) Venue of transitory action laid in wrong county division. The clerk shall not accept a summons for filing when it appears upon its face that the proper venue is a county division other than the one where it is offered for filing. The clerk shall stamp upon the summons the date of such rejection and shall enter the date of such rejection in a register maintained by him, together with the county division in which the summons should be filed. Where the wrong county division is stated in the summons, the time of the defendant to appear or answer shall be the later of:

(1) the original time to answer; or

(2) the date 10 days after the summons is filed in the proper county division, with proof of service upon the defendant by registered or certified mail of notice stating:
(i) the proper county division;

(ii) the date of filing of the summons;

(iii) the date within which the answer or notice of appearance is to be filed; and

(iv) the address at which it is to be filed.

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