Opinion
6498N Index 152962/17
05-08-2018
Ronald JANIS, et al., Plaintiffs–Appellants, v. JANSON SUPERMARKETS LLC, et al., Defendants–Respondents, Innovasion Cuisine Enterprises Inc., et al., Defendants.
Michael G. O'Neill, New York, for appellants. Ahmuty, Demers & McManus, Albertson (Nicholas M. Cardascia of counsel), for respondents.
Michael G. O'Neill, New York, for appellants.
Ahmuty, Demers & McManus, Albertson (Nicholas M. Cardascia of counsel), for respondents.
Sweeny, J.P., Renwick, Mazzarelli, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Erika M. Edwards, J.), entered September 11, 2017, which, inter alia, granted the motion of defendants Janson Supermarkets LLC, Janson Supermarkets II LLC and Wakefern Food Corp. (Wakefern) to change venue from New York County to Suffolk County, unanimously reversed, on the law, without costs, and the motion denied.
Wakefern, a foreign corporation, submitted a copy of its application for authorization to conduct business filed with the Secretary of State, in which it identified New York County as "[t]he county within this state where its office is to be located" ( Business Corporation Law § 1304[a][5] ). Wakefern's designation of New York County in its application is controlling for venue purposes, even if it does not actually have an office in New York County (see Crucen v. Pepsi–Cola Bottling Co. of N.Y., Inc. , 139 A.D.3d 538, 30 N.Y.S.3d 554 [1st Dept. 2016] ; Shetty v. Volvo Cars of N. Am., LLC , 38 A.D.3d 202, 830 N.Y.S.2d 554 [1st Dept. 2007] ; Job v. Subaru Leasing Corp. , 30 A.D.3d 159, 817 N.Y.S.2d 9 [1st Dept. 2006] ; CPLR 503[c] ).