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Lux Building, Inc. v. Inn Construction Corporation

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

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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

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