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CAREER SERVS. v. PIZZA HUTS

Supreme Court, Appellate Term, First Department
May 6, 1991
149 Misc. 2d 729 (N.Y. App. Term 1991)

Opinion

May 6, 1991

Appeal from the Civil Court of the City of New York, New York County, Norman C. Ryp, J.

Amos Weinberg for appellant.

Levine Hofstetter (Stanley A. Frangk of counsel), for respondent.


Order entered November 16, 1990, insofar as appealed from reversed, with $10 costs, and defendant's motion denied.

In this breach of contract action venue was properly set in New York County, which was designated as the principal place of business of the corporate defendant in its certificate of incorporation filed with the Secretary of State (CCA 305 [b]). Nor did Civil Court act within its authority in granting a discretionary change of venue to Dutchess County District Court "in the interest of justice". CCA article 3 "'is concerned only with venue within the Civil Court and changes of venue from one county to another between and among the five counties which comprise the Civil Court' (Siegel, Practice Commentary, McKinney's Cons Laws of NY, Book 29A, Judiciary — Court Acts, CCA 306 [at 112]) * * * [and] is not authority for transferring an action from one court to another" (Medicorp v. Avis Corp., 122 Misc.2d 813, 815).

RICCOBONO, J.P., PARNESS and McCOOE, JJ., concur.


Summaries of

CAREER SERVS. v. PIZZA HUTS

Supreme Court, Appellate Term, First Department
May 6, 1991
149 Misc. 2d 729 (N.Y. App. Term 1991)
Case details for

CAREER SERVS. v. PIZZA HUTS

Case Details

Full title:PERSONNEL CAREER SERVICES, INC., Appellant, v. PIZZA HUTS OF DUTCHESS…

Court:Supreme Court, Appellate Term, First Department

Date published: May 6, 1991

Citations

149 Misc. 2d 729 (N.Y. App. Term 1991)
573 N.Y.S.2d 356

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