Practice point: The Appellate Division reversed, and granted
defendant's motion to change venue from Bronx County to Westchester
County, pursuant to CPLR 510(1).
In support of its
motion, defendant, a foreign corporation, submitted a certified copy of
its application for authority to do business filed with the Secretary of
State in which it stated that its principal place of business "is to be
located" in New York County. Defendant's designation of New York
County as its principal place of business in the application for
authority is controlling for venue purposes. Contrary to plaintiff's
arguments, even if defendant does not actually have an office in New
York County, and although it has notified the Department of State to
forward process to an address in Bronx County, the designation made by
defendant in its application for authority still controls for venue
purposes.
Student note: Defendant's choice of
Westchester County, where plaintiff resides and where the accident took
place, as the place for trial is proper.
Case: Crucen v. Pepsi-Cola Bottling Co. of N.Y., Inc., NY Slip Op 03968 (1st Dep't May 19, 2016)
Here is the decision.
Tomorrow's issue: The meaning and extent of coverage of a release.
