Klugman v. Food Emporium, Inc.

Full title: MIRIAM G. KLUGMAN, Respondent, v. FOOD EMPORIUM, INC., et al., Appellants

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

Date published: Apr 30, 1996

226 A.D.2d 321 (N.Y. App. Div. 1996)

642 N.Y.S.2d 632

Opinion

April 30, 1996

Appeal from the Supreme Court, Bronx County (Alan Saks, J.).

Plaintiff properly placed venue in Bronx County based on defendant Food Emporium's certificate of incorporation designating that county as its principal place of business ( Conway v Gateway Assocs., 166 A.D.2d 388). Insofar as the change was sought pursuant to CPLR 510 (3), defendants utterly failed to supply any of the necessary information concerning the witnesses they intended to call ( Moye v. H.L. Green, Inc., 159 A.D.2d 242). Summary judgment in favor of defendant Food Emporium was properly denied because the certificate of incorporation and the tax return allegedly showing the inactive status of that corporation presented an unresolvable conflict in the evidence.

Concur — Sullivan, J.P., Milonas, Ellerin, Nardelli and Williams, JJ.