In Biaggi & Biaggi v. 175 Medical Vision Properties LLC, plaintiffs brought suit for breach of contract and fraud in Westchester County. Defendants cross-moved for a transfer of venue to Kings County, which the lower court granted.
Plaintiffs appealed the transfer of venue on the basis of CPLR 510(1) and 510(3). They argued that venue is proper in any county in which any of the parties resided at the time of commencement, and that the corporate defendants were residents of Westchester County at the time of commencement. Plaintiffs produced the corporate defendants certificate of incorporation, demonstrating a principal office address in Westchester County. Corporate defendants produced no evidence that the certificate was incorrect or had otherwise been amended and thus the Appellate Division held that Westchester was the proper venue for the action.
Thanks to Alison Weintraub for her contribution to this post.