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New York · Through 2026-09-11

N.Y. New York City Civil Court Act § 302: Real property actions; venue

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Where this section sits in the code
  1. New York City Civil Court Act
  2. Article 3. Venue

§ 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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