N.Y. Civil Practice Law & Rules § 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.