Papadakis v. Command Bus Co.

Appellate Division of the Supreme Court of New York

Papadakis v. Command Bus Co.

91 A.D.2d 657, 457 N.Y.S.2d 105, 1982 N.Y. App. Div. LEXIS 19524

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 1982

StatusPublished

Cited by22 cases

This text of 91 A.D.2d 657 (Papadakis v. Command Bus Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Papadakis v. Command Bus Co., 91 A.D.2d 657, 457 N.Y.S.2d 105, 1982 N.Y. App. Div. LEXIS 19524 (N.Y. Ct. App. 1982).

Pincite

Opinion

— In a negligence action to recover damages for personal injuries, [658]*658etc., defendants appeal from an order of the Supreme Court, Kings County (Greenstein, J.), dated August 27,198,1, which, in effect, denied their motion to change the venue of the action from the Supreme Court, Kings County, to the Supreme Court, Queens County. Order reversed, with $50 costs and disbursements, motion granted and venue of the action changed to the Supreme Court, Queens County. The plaintiffs are residents of New York County. The corporate defendant apparently has an office in Kings County, however its certificate of incorporation lists Queens County as the place in which its principal office is to be located. The law is well established that the sole legal residence of a corporation for venue purposes is the county designated in its certificate of incorporation (2 Weinstein-Korn-Miller, NY Civ Prac, par 503.05). Plaintiffs forfeited their right to select the place of venue by selecting an improper venue in the first instance (Siegel, New York Practice, § 123; 2 Weinstein-KornMiller, NY Civ Prac, par 511.04). Accordingly, the defendants’ motion to change venue to Queens County should have been granted. Plaintiffs’ allegations regarding the residence of the individual defendant are not part of the record on appeal and have not been considered. Titone, J. P., Gibbons, Thompson and Niehoff, JJ., concur.

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— In a negligence action to recover damages for personal injuries, [658]*658etc., defendants appeal from an order of the Supreme Court, Kings County (Greenstein, J.), dated August 27,198,1, which, in effect, denied their motion to change the venue of the action from the Supreme Court, Kings County, to the Supreme Court, Queens County. Order reversed, with $50 costs and disbursements, motion granted and venue of the action changed to the Supreme Court, Queens County. The plaintiffs are residents of New York County. The corporate defendant apparently has an office in Kings County, however its certificate of incorporation lists Queens County as the place in which its principal office is to be located. The law is well established that the sole legal residence of a corporation for venue purposes is the county designated in its certificate of incorporation (2 Weinstein-Korn-Miller, NY Civ Prac, par 503.05). Plaintiffs forfeited their right to select the place of venue by selecting an improper venue in the first instance (Siegel, New York Practice, § 123; 2 Weinstein-KornMiller, NY Civ Prac, par 511.04). Accordingly, the defendants’ motion to change venue to Queens County should have been granted. Plaintiffs’ allegations regarding the residence of the individual defendant are not part of the record on appeal and have not been considered. Titone, J. P., Gibbons, Thompson and Niehoff, JJ., concur.

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Bluebook (online)

91 A.D.2d 657, 457 N.Y.S.2d 105, 1982 N.Y. App. Div. LEXIS 19524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/papadakis-v-command-bus-co-nyappdiv-1982.

Opinion

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