The place of trial of an action to recover a chattel may be in the county in which any part of the subject of the action is situated at the time of the commencement of the action.
§ 508.Actions to recover a chattel
Article 5. Venue · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 508 permits an action to recover a chattel to be tried in the county where any part of the chattel was located when the action began.
Full Text of CPLR 508
Plain-English Summary
CPLR 508 gives a plaintiff seeking to recover personal property — a replevin-type claim — an added venue option tied to where the chattel sits. The place of trial may be the county where any part of the chattel was located at the time the action was commenced. The word "may" matters: this option sits alongside the residence-based venue rules in CPLR 503 rather than replacing them, so a plaintiff can rely on either.
Anchoring venue to the chattel's location "at the time of the commencement of the action" means a defendant who moves the property afterward doesn't change where the case belongs. Whatever county held the chattel when the plaintiff filed stays available as a proper venue regardless of where the property ends up later.
That's a different approach than CPLR 507 takes for real property, where venue tied to the property's location is generally treated as the controlling rule for that kind of claim. CPLR 508 instead adds a location-based choice on top of the standard residence rule, giving a plaintiff recovering a chattel more than one proper county to choose from.
Frequently Asked Questions
Where do I sue to recover personal property in New York?
CPLR 508 allows venue in the county where any part of the chattel was located when the action was commenced, in addition to the residence-based venues CPLR 503 provides.
Does the chattel's location control venue even if I move it later?
No, in the plaintiff's favor. CPLR 508 fixes venue to the chattel's location at the time the action was commenced, so moving the property afterward doesn't change where the case can be tried.
Is CPLR 508's venue rule the only option for a chattel recovery case?
No. It adds an option; the general residence-based venue rules in CPLR 503 remain available as well.
What counts as "any part" of the chattel under CPLR 508?
The rule only requires that some portion of the property in question be located in the county chosen at the time the action began, which accommodates property that might be divided or stored across locations.
How is this different from the venue rule for real property actions?
CPLR 507 treats the property's location as generally controlling venue for real property claims, while CPLR 508 offers the chattel's location as one available option alongside the standard residence-based rule.
Advisory Committee Notes
This provision changes former law, which treated a replevin action as transitory only. Commencement of replevin actions should be permitted in the county where the property is found since the property may be seized in that county. Residence of the parties remains an alternative basis for venue, this section being only permissive.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
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: replevin venue New Yorkrecover chattel lawsuit venue NYpersonal property lawsuit venue New YorkCPLR 508 venue chattel