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Kielczewski v. Pinnacle Restoration Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 1996
226 A.D.2d 211 (N.Y. App. Div. 1996)

Opinion

April 16, 1996

Appeal from the Supreme Court, Bronx County (Stanley Green, J.).


Although defendant general partnership's business certificate lists its office "c/o" a Bronx County address, the IAS Court properly considered other evidence, namely, the affidavits of the general partners that the partnership's principal office has always been in New Jersey or Westchester County, in finding that none of the parties reside in Bronx County ( see, Wolpo v. Sunrise Mall Assocs., 202 A.D.2d 209). We reject plaintiff's request that Queens County be designated as an alternative venue to the Bronx, there being evidence that Bronx County was not a proper forum in the first instance, and that plaintiff should therefore be deemed to have forfeited her right to select venue ( Kelson v. Nedicks Stores, 104 A.D.2d 315).

Concur — Rosenberger, J.P., Rubin, Nardelli and Tom, JJ.


Summaries of

Kielczewski v. Pinnacle Restoration Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 1996
226 A.D.2d 211 (N.Y. App. Div. 1996)
Case details for

Kielczewski v. Pinnacle Restoration Corp.

Case Details

Full title:BARBARA KIELCZEWSKI, as Administratrix of the Estate of CHRIS KIELCZEWSKI…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 16, 1996

Citations

226 A.D.2d 211 (N.Y. App. Div. 1996)
640 N.Y.S.2d 551

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