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Statutorily-Mandated Venue Is Not Jurisdictional and Is Waivable

In a full-fledged opinion by Justice Dillon, the Second Department discussed, in great detail, the relevant statutes and case law concerning the venue provisions in the CPLR and venue as mandated in the New York City Health & Hospitals Corporation (NYCHHC) Act. The Second Department determined NYCHHC Act’s statutorily-mandated venue is not jurisdictional and can be waived:

In sum, since the NYCHHC chose to waive the venue provision contained in section 7401(3) of the New York City Health and Hospitals Corporation Act for actions brought against it upon the consolidation of the plaintiffs’ two actions, and absent a showing of any special circumstances demonstrating that venue be placed in Bronx County [the statutorily-mandated venue], we conclude that the Supreme Court providently exercised its discretion in placing venue in Westchester County, where the first of the related actions was commenced. Wager v Pelham Union Free Sch Dist, 2013 NY Slip Op 03475, 2nd Dept, 5-15-13

 

 

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