Thursday, May 19, 2016

First Department Grants Change of Venue Where Defendant Corporation Designated New York County As Its Principal Place of Business

In Crucen v. Pepsi-Cola Bottling Co. of NY, although the accident occurred in Westchester County where plaintiff resides, the plaintiff commenced his action in the Bronx. The defendant, a foreign corporation, had filed its application for authorization to do business in New York with a designation of New York County as its principal place of business. As such, the defendant sought to change venue to Westchester, but its motion was denied. On appeal, the First Department reversed and granted the motion. The Court found that, even if the defendant did not have an office in New York County, its designation of New York County in filings with the Secretary of State was controlling for venue purposes.   

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