The New York State Senate recently approved a bill that would amend the New York Civil Law and Practice Rules (CPLR) in order to make the legal proceedings more objective for both parties. The bill aims to bring about this reform by proposing that the trial should take place in the county where a substantial part of the events or omissions giving rise to the claim occurred.
Proponents of the bill seek to accomplish this reform by focusing on the concept of venue. Venue refers to the correct country in which to bring legal actions. Currently, New York limits the choice of venue to the county of residence of either parties. The proposed change would mean that if there were to be a trial, it would take place in the county where a majority of the incident occurred. By allowing this, the bill is solving a myriad of potential legal dilemmas. For instance, in the case that both parties are from separate counties, this bill would provide an appropriate solution by allowing the legal proceedings to occur in the county where the incident happened. Furthermore, proponents of this bill also argue that it is only fair to both parties for the trial to take place where a majority of the witnesses of the incident reside as well as potential jurors.
Overall, Rheingold, Giuffra, Ruffo & Plotkin LLP are very excited about this new legislation and the implications it has for future civil suits. If you or loved ones have experienced medical malpractice, it is recommended you seek legal counsel in order to ensure you receive compensation for your suffering.
By : Giselle Cornejo