Subject to the provisions of subdivision two of section five hundred ten and section five hundred fourteen of this article, written agreement fixing place of trial, made before an action is commenced, shall be enforced upon a motion for change of place of trial.
§ 501.Contractual provisions fixing venue.
Article 5. Venue · Last amended 2021 · Last verified July 21, 2026
In one sentenceCPLR 501 requires courts to enforce a written agreement fixing the place of trial that the parties made before an action began, on a motion for change of venue, subject to the limits in CPLR 510(2) and 514.
Full Text of CPLR 501
Plain-English Summary
A forum-selection clause in a contract — a written agreement, made before any dispute becomes a lawsuit, that fixes the county where a case will be tried — gets real teeth under CPLR 501. The statute doesn't just permit courts to honor that choice; it says the agreement shall be enforced when a party moves to change the place of trial. That mandatory language leaves little room for a court to treat the clause as one factor among many.
The rule's enforcement duty comes with two express limits: CPLR 510(2) and CPLR 514. CPLR 510(2) is the ground for changing venue when there's reason to believe an impartial trial can't be had in the chosen county — a concern a written agreement can't override. CPLR 514 supplies a further statutory boundary on how far a venue agreement reaches. Together, they keep CPLR 501 from turning a private contract into an absolute override of every venue safeguard the article provides.
The clause isn't self-executing. A party has to bring a motion for change of place of trial, under the procedure CPLR 511 sets out, to put the agreement into effect if the case wasn't filed in the county the contract names.
Frequently Asked Questions
Will New York courts enforce a forum-selection clause in a contract?
Yes. CPLR 501 requires a written agreement fixing the place of trial, made before the action was commenced, to be enforced on a motion for change of venue, subject to the limits in CPLR 510(2) and 514.
Does a contractual venue clause override every venue rule?
How do I enforce a venue clause if my case gets filed in the wrong county?
By making a motion for change of place of trial under the procedure CPLR 511 sets out. CPLR 501 doesn't move the case on its own; a party has to ask the court to enforce the agreement.
Can a court still order a change of venue despite a contract's chosen county?
Yes, on the ground in CPLR 510(2) — reason to believe an impartial trial can't be had in that county. CPLR 501 expressly makes its enforcement duty subject to that ground.
When must a venue agreement have been signed to count under CPLR 501?
Before the action was commenced. CPLR 501 covers a written agreement fixing the place of trial made before the case began, not one reached afterward.
Advisory Committee Notes
This provision is new and codifies the rule of Syracuse Plaster Co. v Agostini Bros. Bldg. Corp. (Sup Ct 1938) 169 Misc 564, 7 NYS2d 897, that a contractual provision fixing venue may be the basis for a motion for a change of venue to the county agreed upon. It does not affect the rule that such a contractual provision is not a defense to the action where venue is placed in a county other than that agreed upon. See Graziano v Indemnity Ins. Co. (2d Dept 1955) 286 App Div 867, 142 NYS2d 44.
Revision Notes: Laws 1963, ch 532, made two types of changes: first, some provisions were designed to correct the typographical errors which existed in the CPLR. Second, other provisions incorporated into the CPLR, without any change in substance, all pertinent amendments to the C.P.A. which were passed and approved during the 1962 legislative session. In this connection, only changes in language were made to conform to the style and format of the CPLR. Those C.P.A. amendments of 1962 essentially covered by original provisions of the CPLR, and those C.P.A. amendments pertaining to areas transferred on September 1, 1963, to laws other than the CPLR, were not incorporated into this act.
Editor's Notes Laws 2021, ch 556, § 3, eff December 3, 2021, provides: § 3. This act shall take effect on the thirtieth day after it shall have become a law, and shall apply to all actions and arbitration proceedings which have not been commenced prior to such effective date.
Amendment History
Add, L 1962, ch 308; amd, L 1963, ch 532, § 8, eff Sept 1, 1963; L 2021, ch 556, § 1, effective December 3, 2021.
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: forum selection clause New Yorkcontractual venue agreement NYenforcing venue clause New York courtCPLR 501 venue agreementwritten agreement place of trial NY