Notwithstanding any provision of this article except for rule 515, the place of trial of an action shall be in the county designated by the plaintiff, unless the place of trial is changed to another county by order upon motion, or by consent as provided in subdivision (b) of rule 511 of this article.
§ 509.Venue in county designated.
Article 5. Venue · Last amended 2025 · Last verified July 21, 2026
In one sentenceCPLR 509 makes the plaintiff's designated county the place of trial by default, subject to rule 515, unless a court orders a change on motion or the parties consent to a different county under rule 511(b).
Full Text of CPLR 509
Plain-English Summary
CPLR 509 supplies the backstop that makes the rest of Article 5 work: the place of trial is the county the plaintiff designates, and that designation controls unless something changes it. A case that starts in a county some other provision would call improper still proceeds there unless a party successfully challenges it — the plaintiff's choice isn't automatically overridden just because another rule might have pointed elsewhere.
Two things can move a case out of the plaintiff's chosen county. A court can order a change on motion, through the procedure CPLR 510 and 511 set out. Or the parties can consent to a different county under rule 511(b), moving the case without needing a motion or a hearing at all.
The rule is also subject to rule 515, a further limit the article places on the plaintiff's control over venue. Read as a whole, CPLR 509 is what lets a case start somewhere: someone has to designate a county to file, and until a motion or an agreement changes it, that designation stands.
Frequently Asked Questions
Who decides the county where my lawsuit starts in New York?
The plaintiff. CPLR 509 makes the plaintiff's designated county the place of trial, subject to rule 515, unless a court later orders a change or the parties consent to move it.
Can venue be changed after I file in my chosen county?
Yes, in two ways: a court can order a change on motion, or the parties can consent to a different county under rule 511(b).
Do both parties have to agree to move a case to a different county?
Only for the consent route under rule 511(b). A court can also order a change of venue on motion without both parties agreeing.
What happens if I filed in the wrong county under CPLR 509?
The case still proceeds in the county the plaintiff designated unless a party moves for a change of venue and the court grants it, or the parties consent to a different county.
Does CPLR 509 give the plaintiff final say over venue?
Advisory Committee Notes
This provision is derived from CPA § 186, with some changes in phraseology but none in substance. The provision preserves the present New York rule that venue relates merely to place of trial and not jurisdiction and that improper venue may be waived unless objection is properly and timely made. An action may be tried in the venue designated even though improper if there is no motion for change of venue.
Amendment History
Add, L 1962, ch 308; amd, L 1965, ch 773, § 2, eff Sept 1, 1965; L 2024, ch 638, § 1, effective February 19, 2025.
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: plaintiff choice of venue New Yorkchanging venue New York lawsuitCPLR 509 venue designationconsent to change venue NY