Section 213. Residence or business within municipality  


Latest version.
  • (a) In an action described in § 202, either a plaintiff or a defendant
      must:
        1. be a resident of the municipality; or
        2. have a regular employment within the municipality; or
        3.  have  a  place  for the regular transaction of business within the
      municipality.
        (b) A corporation, association or partnership shall, for the  purposes
      of  this  section, be deemed a resident of the municipality if it has an
      office or agency or regularly transacts business in the municipality.
        (c)  The  requirements  of  subdivision  (a)  shall  not  apply  to  a
      counterclaim,  cross-claim,  third-party  claim, or claim asserted by or
      against a party who has intervened in the action.
        (d)  The  requirements  of  this   section   shall   not   be   deemed
      jurisdictional;  they  shall  be deemed waived by the plaintiff upon his
      commencing an action in this court, and they shall be deemed  waived  by
      the  defendant  unless  he  raises  the  objection  by  motion or in his
      responsive pleading as prescribed in § 1002 of this act. Notwithstanding
      waiver by the parties, the court may, on its own initiative at any time,
      dismiss an action which  does  not  satisfy  the  requirements  of  this
      section.  Any  dismissal under this section shall entitle the parties to
      the benefit of CPLR § 205, relating to an extension of time to  commence
      a new action.