April 27, 2009

Venue.

Practice point: Venue is based on the parties' residence, pursuant to CPLR 503[a], not where the cause of action arose. The residence of a natural person is the abode, not the office.

Practitioners should note that the certificate of incorporation’s designation of a county as the location of a principal office determines corporate residence, even if there is an office in another county.

Case: Addo v. Melnick, NY Slip Op 02720 (1st Dept. 2009)

The opinion is here.

Tomorrow’s issue: Employment Law.