Tuesday, May 31, 2016

A foreign corporation's principal place of business and venue.

Practice point:  The Appellate Division reversed, and granted defendant's motion to change venue from Bronx County to Westchester County, pursuant to CPLR 510(1).

In support of its motion, defendant, a foreign corporation, submitted a certified copy of its application for authority to do business filed with the Secretary of State in which it stated that its principal place of business "is to be located" in New York County.  Defendant's designation of New York County as its principal place of business in the application for authority is controlling for venue purposes. Contrary to plaintiff's arguments, even if defendant does not actually have an office in New York County, and although it has notified the Department of State to forward process to an address in Bronx County, the designation made by defendant in its application for authority still controls for venue purposes.

Student note:  Defendant's choice of Westchester County, where plaintiff resides and where the accident took place, as the place for trial is proper.

Case:  Crucen v. Pepsi-Cola Bottling Co. of N.Y., Inc., NY Slip Op 03968 (1st Dep't May 19, 2016)

Here is the decision.

Tomorrow's issue:  The meaning and extent of coverage of a release.