LUX BUILDERS INC v. INN CONSTRUCTION CORPORATION (2023)

The following numbered papers were read on this motion:

NYSCEF Document Numbers 6-8, 10,11.

Upon the foregoing papers, and this motion having been determined on submission,

It is hereby ORDERED as follows:

The motion by Defendant seeking a change of venue to Nassau County is DENIED.

In the complaint, Plaintiff alleged that Defendant was a domestic corporation with a business address in Kings County (see NYSCEF Doc No. 8 at 4).¹ Defendant's answer admitted this allegation (see id. at 11).

Defendant asserted through counsel's affirmation that its principal place of business is in Nassau County, but counsel did not state he has personal knowledge of this. Moreover, Exhibit D, comprised of two pages appearing to be taken off the Internet (see id. at 21-22), relied on by Defendant for the contention that its principal place of business is in Nassau County, was inadmissible since it was not properly authenticated as an exception to the hearsay rule. The certificate of incorporation was not submitted. Defendant failed to meet its burden of demonstrating that its principal office was located in Nassau County (see CPLR 503 [c]; O.K. v Y.M. & Y.W.H.A. of Williamsburg, Inc., 175 AD3d 540 [2d Dept 2019]).

FOOTNOTES

1.   Page references are to the PDF page numbers.

Aaron D. Maslow, J.