§ 504.Actions against counties, cities, towns, villages, school districts and district corporations
Article 5. Venue · Last amended 1966 · Last verified July 21, 2026
In one sentenceCPLR 504 fixes venue for suits against local governments — a county is sued in itself, other municipalities and districts are sued where they sit, and New York City is sued where the claim arose or, if outside the city, in New York County.
Full Text of CPLR 504
Text size
Notwithstanding the provisions of any charter heretofore granted by the state and subject to the provisions of subdivision (b) of section 506, the place of trial of all actions against counties, cities, towns, villages, school districts and district corporations or any of their officers, boards or departments shall be, for:
1. a county, in such county; 2. a city, except the city of New York, town, village, school district or district corporation, in the county in which such city, town, village, school district or district corporation is situated, or if such school district or district corporation is situated in more than one county, in either county; and 3. the city of New York, in the county within the city in which the cause of action arose, or if it arose outside of the city, in the county of New York.
Plain-English Summary
CPLR 504 assigns venue by the type of governmental defendant. An action against a county is tried in that county. An action against a city other than New York City, a town, a village, a school district, or a district corporation is tried in the county where it's situated, or, if it spans more than one county, in either of them. An action against the City of New York is tried in the county within the city where the cause of action arose, or, if it arose outside the city, in the county of New York.
The rule overrides any charter a municipality was granted before this provision took effect, so an older charter provision naming a different venue doesn't control. It does, though, yield to CPLR 506(b)'s special venue rules for proceedings against a body or officer, which cover the Article 78 challenges this section doesn't reach.
In practice, a claim against a town sits in the county where that town is located. A claim against New York City over something that happened in Brooklyn goes to Kings County, since that's the county within the city where it arose; a claim over something that happened outside the city's limits goes to New York County regardless of which borough the plaintiff or the injury is otherwise connected to.
Frequently Asked Questions
Where do I sue a New York county?
In that county itself. CPLR 504 makes a county's own territory the place of trial for an action against it.
What county do I use to sue New York City?
The county within the city where the cause of action arose. If it arose outside the city, the action is tried in the county of New York.
Does it matter where in New York City my claim arose?
Yes. CPLR 504 ties venue against the City of New York to the specific county within the city where the claim arose, not to the city as a whole.
Where do I sue a town, village, or school district?
In the county where it's situated, or, if it's situated in more than one county, in either of them.
Does a city charter override CPLR 504's venue rule?
No. The rule applies notwithstanding any charter previously granted by the state, so an older charter provision fixing a different venue doesn't control.
Advisory Committee Notes
Subject to § 506, which deals with CPA article 78 proceedings, this provision aims at a uniform rule governing actions against counties, cities, towns and villages or any of their officers, boards or department. It consolidates CPA §§ 182-a and 182-b, County Law § 52, Second Class Cities Law § 242, Town Law § 66(1) and Village Law § 341-e. It is also designed to override any charter provisions to the contrary. Cf. County of Westchester v Department of Health of the City of New York, 297 NY 491, 74 NE2d 190 (1947). Suits by a municipality are governed by §§ 503(a) and 503(c), but if one municipality sued another § 504, and not § 503, would control.
Amendment History
Add, L 1962, ch 308; amd, L 1966, ch 444, § 1, eff Sept 1, 1966.
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:suing New York City venuesuing a town or village New Yorkmunicipal lawsuit venue NYCPLR 504 venue municipalitiesschool district lawsuit venue NY