General Precision, Inc. v. Ametek, Inc.
| Decision Date | 04 October 1965 |
| Citation | 263 N.Y.S.2d 470,24 A.D.2d 757 |
| Parties | GENERAL PRECISION, INC., Appellant, v. AMETEK, INC., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Nixon, Mudge Rose, Guthrie & Alexander, New York City, for appellant; Leonard Garment, New York City, of counsel.
Stroock & Stroock & Lavan, New York City, for respondent; Arnold I. Rich, New York City, of counsel.
Before BELDOCK, P. J., and UGHETTA, CHRIST, BRENNAN and HILL, JJ.
MEMORANDUM BY THE COURT.
In a commercial action, the plaintiff appeals from: (1) an order of the Supreme Court, Westchester County, entered March 15, 1965, which granted the defendant's motion to change the place of trial from Westchester County to New York County; and (2) an order of said court, entered May 13, 1965, which denied the plaintiff's motion to vacate said order, entered March 15, 1965, and to retain the action in Westchester County.
Order entered March 15, 1965 affirmed, with $10 costs and disbursements. Appeal from order, entered May 13, 1965, dismissed, without costs. The plaintiff has abandoned the appeal from the latter order.
At the time that the action was commenced, both parties were foreign corporations, authorized to do business in this state, which, pursuant to section 210 of the General Corporation Law, had filed statements and designations, listing addresses in New York County as the locations of their respective offices. In fact, the plaintiff, without changing its statement and designation, had moved its office to Westchester County and was not doing business in New York County.
The proper venue based on plaintiff's address, pursuant to statute (CPLR 503, subd. [c] and Business Corporation Law, § 102, subd. [a], par. ), was the county designated by it in its statement and designation as the county where its office was to be located. (1 White, New York Corporations [12th ed.], section 140.1, p. 357; Hoffman v. Oxford Developments, 9 A.D.2d 937, 195 N.Y.S.2d 484; Practice Commentary under section 503, p. 6, of McKinney's Civil Practice Law and Rules).
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