The Appellate Division unanimously affirmed the Order which denied defendants' motion to change venue from New York County to Oneida County. Plaintiffs commenced this medical malpractice action in New York County, alleging that, in its certificate of incorporation, one of the defendants, Emergency Physician Services of New York (EPSNY), designated New York County as its principal office. In moving to change venue, defendants argued that EPSNY's most recent biennial statements, submitted in accordance with Business Corporations Law § 408, reflected its current corporate residence as Woodbury, New Jersey. The Appellate Division found that plaintiffs properly commenced the action in New York County, as, for venue purposes, the designation of New York County in EPSNY's papers filed with the Secretary of State controlled, even if it did not actually have an office in New York County. The principal executive office noted in a corporation's biennial statement does not determine corporate residence for venue purposes, since it is not contained in either a certificate of incorporation or an amended certificate.
Sultana v. St. Elizabeth Med. Ctr., NY Slip Op 05873 (1st Dep't October 20, 2020)
