Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Lux Building, Inc. v. Inn Construction Corporation

Defendant Failed to Meet Its Burden That Their Principal Place of Business Was in Nassau

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following numbered papers were read on this motion: NYSCEF Document Numbers 6-8, 10-11. DECISION AND ORDER Upon the foregoing papers, and this motion having been determined on submission, It is hereby ORDERED as follows: The motion by Defendant seeking a change of venue to Nassau County is DENIED. In the complaint, Plaintiff alleged that Defendant was a domestic corporation with a business address in Kings County (see NYSCEF Doc No. 8 at 4)1. Defendant’s answer admitted this allegation (see id. at 11). Defendant asserted through counsel’s affirmation that its principal place of business is in Nassau County, but counsel did not state he has personal knowledge of this. Moreover, Exhibit D, comprised of two pages appearing to be taken off the Internet (see id. at 21-22), relied on by Defendant for the contention that its principal place of business is in Nassau County, was inadmissible since it was not properly authenticated as an exception to the hearsay rule. The certificate of incorporation was not submitted. Defendant failed to meet its burden of demonstrating that its principal office was located in Nassau County (see CPLR 503 [c]; O.K. v. Y.M. & Y.W.H.A. of Williamsburg, Inc., 175 AD3d 540 [2d Dept 2019]). CPLR 5513 (a) provides: “Time to take appeal as of right. An appeal as of right must be taken within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry, except that when the appellant has served a copy of the judgment of order and written notice of its entry, the appeal must be taken within thirty days thereof.” Dated: December 8, 2023

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2025
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
President and Dean

Search for the President and Dean California Western School of Law San Diego, California California Western School of Law (California ...


Apply Now ›
Capital Markets Junior Associate (Flex Location/Hybrid Schedule)

Duane Morris LLP has an opening for an associate with 2-3 years of experience with strong capital markets and corporate transactional backgr...


Apply Now ›
(EXCLUSIVE) SENIOR BAD FAITH TRIAL COUNSEL WANTED FOR LEADING PROVIDER OF PROFESSIONAL LIABILITY INSURANCE (Atlanta, GA or Florida)

Our client, an established provider of professional liability insurance, has engaged us to identify a highly-qualified Senior Bad Faith Tria...


Apply Now ›
Go to Lawjobs