In an action brought by or against a village it shall not be an objection against the person acting as justice or juror in such action that he is a resident of the village or subject to taxation therein. It shall not be necessary for the village to give a bond, undertaking or security to appeal or to obtain a provisional remedy, or to take or prevent any other proceeding; or to do or perform any act or thing notwithstanding any provision of any other law to the contrary, but the village shall be liable to the same extent as if it had given the bond, undertaking or security otherwise required by or in pursuance of law.
§ 4110-a.Competency of inhabitants as justices or jurors; undertakings not required of village
Article 41. Trial by a Jury · Last amended 1973 · Last verified July 21, 2026
In one sentenceSection 4110-a removes two obstacles unique to lawsuits involving a village: it lets village residents and taxpayers serve as justice or juror in the case, and it excuses the village from posting any bond or undertaking to appeal or seek a provisional remedy.
Full Text of CPLR 4110-a
Plain-English Summary
A village suing or being sued in New York faces a practical problem that larger municipalities do not: nearly everyone qualified to serve as a juror or sit as justice in the local court may also be a village resident or taxpayer. Section 4110-a removes that as an obstacle. In an action brought by or against a village, it is not an objection to someone acting as justice or juror that they live in the village or pay taxes there.
The section also spares the village from a financial requirement that would otherwise apply to it like any other litigant: it does not have to post a bond, undertaking, or other security to appeal, to obtain a provisional remedy, or to take or block any other proceeding, regardless of what another law might otherwise demand. That exemption does not erase the village's responsibility if things go wrong; the village remains liable to the same extent as if it had posted the required security.
Frequently Asked Questions
Can a village resident serve as a juror in a lawsuit involving their own village?
Yes, section 4110-a says residency in, or tax liability to, the village is not an objection to someone serving as justice or juror in that case.
Does a village have to post a bond to appeal a case?
No, section 4110-a excuses a village from giving a bond, undertaking, or security to appeal, obtain a provisional remedy, or take other proceedings.
If the village doesn't post security, is it off the hook if it owes money later?
No, the village remains liable to the same extent as if it had given the bond, undertaking, or security that would otherwise have been required.
Why does New York need a special rule for villages and jurors?
Because village court pools are often small, and without this rule, nearly every qualified juror or justice could face an objection based on being a village resident or taxpayer.
Does this section apply to lawsuits involving cities or counties too?
No, section 4110-a is written specifically for actions brought by or against a village.
Amendment History
Add, L 1972, ch 890, § 2, eff Sept 1, 1973, with substance transferred from former Vill Law § 334.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: village lawsuit juror residency New Yorkvillage bond requirement lawsuit New Yorkcan village resident be a juror New York