Opinion
June 19, 1967
In an action to recover damages for personal injuries resulting from negligence and breach of warranty, order of the Supreme Court, Queens County, dated March 9, 1967, which denied appellant's motion to change the place of trial from Queens County to New York County, reversed, with $10 costs and disbursements, and motion granted. Plaintiff seeks to justify the venue in Queens County based upon the alleged residence of defendant Macrose Lumber Trim Co., Inc., in that county. Macrose's certificate of incorporation, filed in 1927, listed Kings County as the county in which its principal office was located. It has apparently moved its operations out of that county. For purposes of venue, the residence of a corporation is in the county set forth in its certificate of incorporation as its principal place of business ( General Precision v. Ametek, Inc., 24 A.D.2d 757; Boro Kitchen Cabinets v. Spalt, 9 A.D.2d 925; Hoffman v. Oxford Developments, 9 A.D.2d 937; CPLR 503, subd. [c]; Business Corporation Law, § 102, subd. [a], par. [10]). Venue is properly laid in New York County based upon the residence therein of defendants the Nissho American Corp. and Wilmod Company, Inc. Beldock, P.J., Christ, Rabin, Benjamin and Munder, JJ., concur.