B. Venue and Consolidation

• Jurisdiction: New York

B. Venue and Consolidation

If no court action is pending, the special proceeding must be brought in the court and county specified in the agreement. Absent any specification in the agreement, proper venue is the county of residence/place of business of the party seeking arbitration.⁸⁹ If there is no county in which the proceeding can be brought pursuant to the foregoing, it may be brought in any county.⁹⁰ A court cannot sua sponte change venue or dismiss a case for improper venue pursuant to CPLR 7502(a)(i) and (ii).⁹¹ Consolidation is available provided it can be accomplished without prejudice to a substantial right of either party, and so long as the consolidation is not in contradiction with the parties' agreement.⁹²

A foreign corporation that is a party to an arbitration cannot maintain an action or special proceeding to stay or compel arbitration without first becoming authorized to do business in New York.⁹³

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Notes:

^[89] CPLR 7502(a)(i). But see Full House Entm't, Inc. v. Auto Life RX, 31 Misc. 3d 64, 65–66, 922 N.Y.S.2d 912...