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N.Y. Merch. Prot. Co. v. Nicole Shoe Corp.

Appellate Term of the Supreme Court of New York, Second Department
Dec 10, 2003
2003 N.Y. Slip Op. 51618 (N.Y. App. Term 2003)

Opinion

2003-211 Q C.

Decided December 10, 2003.

Appeal by plaintiff from so much of an order of the Civil Court, Queens County (P. Kelly, J.), entered on October 9, 2002, as granted defendants' motion to change venue to Kings County.

Order unanimously affirmed without costs.

PRESENT: PESCE, P.J., ARONIN and RIOS, JJ.


Plaintiff failed to demonstrate that it "transacts business" (CCA 305 [b]) in Queens County. Plaintiff's opposition papers failed to contain an allegation made by an individual with personal knowledge of the facts regarding plaintiff's business transactions conducted in Queens County. Thus, the court below properly transferred the action to Kings County where one of the defendants resides (CCA 301 [a]).


Summaries of

N.Y. Merch. Prot. Co. v. Nicole Shoe Corp.

Appellate Term of the Supreme Court of New York, Second Department
Dec 10, 2003
2003 N.Y. Slip Op. 51618 (N.Y. App. Term 2003)
Case details for

N.Y. Merch. Prot. Co. v. Nicole Shoe Corp.

Case Details

Full title:NEW YORK MERCHANTS PROTECTIVE COMPANY, INC., Appellant, v. NICOLE SHOE…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Dec 10, 2003

Citations

2003 N.Y. Slip Op. 51618 (N.Y. App. Term 2003)