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Collins v. Trigen Energy Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1994
210 A.D.2d 283 (N.Y. App. Div. 1994)

Opinion

December 12, 1994

Appeal from the Supreme Court, Nassau County (Roncallo, J.).


Ordered that the order is reversed, on the law, with costs, and the defendants' motion is denied.

In their applications for authority to conduct business filed with the State of New York, the defendants, foreign corporations, set forth New York County as the location of their offices within the State. Accordingly, the defendants were residents of New York County for purposes of venue, and New York County was a proper county in which to commence the action (see, CPLR 503 [c]; Cooper v Otis El. Co., 178 A.D.2d 575; Kochany v Chrysler Corp., 67 A.D.2d 637). Thus, the court should have denied the defendants' motion pursuant to CPLR 510 (1).

Our decision does not preclude the defendants from seeking a change of venue pursuant to CPLR 510 (3), provided however, that the Supreme Court decides that such a motion was made within a reasonable time after the commencement of the action (see, CPLR 511 [a]). Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.


Summaries of

Collins v. Trigen Energy Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1994
210 A.D.2d 283 (N.Y. App. Div. 1994)
Case details for

Collins v. Trigen Energy Corp.

Case Details

Full title:STEPHEN COLLINS, Appellant, v. TRIGEN ENERGY CORP. et al., Respondents

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

Date published: Dec 12, 1994

Citations

210 A.D.2d 283 (N.Y. App. Div. 1994)
620 N.Y.S.2d 9

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