CPLR § 604

Change by supreme court of place of trial of action pending in another court · as in force on May 31, 2026

§ 604. Change by supreme court of place of trial of action pending in another court. Upon motion of any party, the supreme court may order that an issue of fact in an action pending in another court, except an action relating to real property pending in a county court, be tried in the supreme court in another county upon such terms as may be just. After the trial, the clerk of the county in which it has taken place shall certify the minutes thereof, which shall be filed with the clerk of the court in which the action is pending. Subsequent proceedings shall be the same as if the issue had been tried in the court in which the action is pending.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/604

In plain English

This rule lets supreme court move a factual issue from another court for trial in a different county.

Any party may request the change.
Supreme court may order an issue of fact tried there on just terms, except for a real-property action pending in county court. ★
After trial, the county clerk must certify the minutes and file them with the original court. Later proceedings continue as though the original court had tried the issue.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.