N.Y. New York City Civil Court Law § 302

Current through 2024 NY Law Chapters 1-49, 52, and 61-117

Section 302 - Real property actions; venue

A real property action, as defined in § 203 of this act, whether asserted by a plaintiff or by any party by way of counterclaim, cross-claim or third-party claim, shall be brought and adjudicated only in the county in which such real property or a part thereof is situated. If by virtue of the venue applicable to the cause of action asserted by plaintiff the main action is triable in a county other than that in which the real property is situated, the court must either:

(a) transfer the entire action to the county wherein the real property is situated, if the transfer may be effected without prejudice to the rights of any party; or

(b) strike the real property cause of action, no matter by whom asserted, without prejudice to the party asserting it to commence it in the proper county.

If more than one real property cause of action appear, the court may make such disposition as is just under the circumstances, and a real property action, no matter by whom asserted, may be tried in a county other than that in which the real property or a part thereof is situated only if there is reason to believe that an impartial trial cannot be had in the latter county.

N.Y. New York City Civil Court Law § 302