S T A T E O F N E W Y O R K
________________________________________________________________________
6672--D
I N S E N A T E
February 22, 2000
___________
Introduced by Sen. SKELOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- reported favora-
bly from said committee and committed to the Committee on Rules --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
amended by restoring to previous print S.6672-B -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil practice law and rules, in relation to the
venue of an arbitrable controversy; and to repeal subdivision (a) of
section 7502 of the civil practice law and rules relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision (a) of section 7502 of the civil practice law
2 and rules is REPEALED and a new subdivision (a) is added to read as
3 follows:
4 (A) APPLICATIONS TO THE COURT; VENUE. A SPECIAL PROCEEDING SHALL BE
5 USED TO BRING BEFORE A COURT THE FIRST APPLICATION ARISING OUT OF AN
6 ARBITRABLE CONTROVERSY WHICH IS NOT MADE BY MOTION IN A PENDING ACTION.
7 (I) THE PROCEEDING SHALL BE BROUGHT IN THE COURT AND COUNTY SPECIFIED
8 IN THE AGREEMENT. IF THE NAME OF THE COUNTY IS NOT SPECIFIED,
9 PROCEEDINGS TO STAY OR BAR ARBITRATION SHALL BE BROUGHT IN THE COUNTY
10 WHERE THE PARTY SEEKING ARBITRATION RESIDES OR IS DOING BUSINESS, AND
11 OTHER PROCEEDINGS AFFECTING ARBITRATION ARE TO BE BROUGHT IN THE COUNTY
12 WHERE AT LEAST ONE OF THE PARTIES RESIDES OR IS DOING BUSINESS OR WHERE
13 THE ARBITRATION WAS HELD OR IS PENDING.
14 (II) IF THERE IS NO COUNTY IN WHICH THE PROCEEDING MAY BE BROUGHT
15 UNDER PARAGRAPH (I) OF THIS SUBDIVISION, THE PROCEEDING MAY BE BROUGHT
16 IN ANY COUNTY.
17 (III) NOTWITHSTANDING THE ENTRY OF JUDGMENT, ALL SUBSEQUENT APPLICA-
18 TIONS SHALL BE MADE BY MOTION IN THE SPECIAL PROCEEDING OR ACTION IN
19 WHICH THE FIRST APPLICATION WAS MADE.
20 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD15335-05-0
.SO DOC S 6672D *END* BTXT 1999
Bill S06672
[ Bill Information ]