GRAZIUSO v. 2060 HYLAN BLVD RESTAURANT CORP

Reset A A Font size: Print

Supreme Court, Appellate Division, Second Department, New York.

Rosanne GRAZIUSO, et al., Respondents, v. 2060 HYLAN BLVD. RESTAURANT CORP., d/b/a Atlantis Nite Club, et al., Appellants.

Decided: December 30, 2002

SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES and BARRY A. COZIER, JJ. Mahoney & Keane, LLP, New York, N.Y. (Marc M. Mahoney of counsel), for appellants.

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Schneier, J.), dated November 29, 2001, which denied their motion to transfer venue of the action from Kings County to Richmond County.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the Clerk of the Supreme Court, Kings County, is directed to deliver to the Clerk of the Supreme Court, Richmond County, all papers filed in the action and certified copies of all minutes and entries (see CPLR 511 [d] ).

We agree with the defendants that the Supreme Court should have granted their motion to transfer venue of the action from Kings County to Richmond County.   Pursuant to CPLR 503(a), the venue of an action is proper in the county in which any of the parties resided at the time of commencement.   The plaintiffs' stated basis for venue in Kings County was the alleged address of the principal place of business of the defendant San Fam Enterprises, LLC (hereinafter San Fam), at 8118 13th Avenue, Brooklyn.   The defendants moved to transfer venue, alleging that San Fam's principal office was located in Richmond County, as evidenced by its articles of organization.

It is well settled that the sole residence of a domestic corporation for venue purposes is the county designated in its certificate of incorporation, despite its maintenance of an office or facility in another county (see Altidort v. Louis, 287 A.D.2d 669, 670, 732 N.Y.S.2d 45;  Panco Dev. Corp. v. Platek, 262 A.D.2d 292, 293, 691 N.Y.S.2d 545;  Cottone v. Real Estate Indus., 246 A.D.2d 572, 573, 668 N.Y.S.2d 38;  Cenziper v. Gross, 175 A.D.2d 226, 227, 572 N.Y.S.2d 699;  Nixon v. Federated Dept. Stores, 170 A.D.2d 659, 567 N.Y.S.2d 80;  Saal v. Claridge Hotel & Casino, 152 A.D.2d 631, 632, 543 N.Y.S.2d 521;  Papadakis v. Command Bus Co., 91 A.D.2d 657, 658, 457 N.Y.S.2d 105;  see also Bailon v. Avis Rent A Car, 270 A.D.2d 439, 440, 705 N.Y.S.2d 607).   Here, as indicated, the defendants produced San Fam's articles of organization (the equivalent of a certificate of incorporation for a limited liability company [see Limited Liability Company Law §§ 206, 209] ), which listed Richmond as the county in which its principal office is located.   Since the plaintiffs did not allege or establish that the articles of organization had since been amended, designating another county as the location of San Fam's principal office, the plaintiffs' choice of venue was improper, and the defendants' motion to transfer venue should have been granted.

Copied to clipboard