Hoffman v. Oxford Developments, Inc., 9 A.D.2d 937, 195 N.Y.S.2d 484 (N.Y.A.D. 2 Dept., Dec 29, 1959)

Supreme Court, Appellate Division, Second Department, New York.

Stephen L. HOFFMAN and Pearl Hoffman, Respondents,
v.
OXFORD DEVELOPMENTS, INC., Appellant.


Dec. 29, 1959.


  Action for damages for breach of contract, wherein corporation filed motion to
change place of trial to county which certificate of incorporation designated as
location of principal office of corporation.  The Supreme Court, New York
County, M. Henry Martuscello, J., entered order denying the motion, and
corporation appealed.  The Supreme Court, Appellate Division, held that
corporation was entitled to the change of venue.

  Order reversed; motion granted.


West Headnotes

[1] Corporations  503(1)
101k503(1) Most Cited Cases

Residence of a corporation, for venue purposes, is in county in which is located
corporation's principal office as designated in certificate of incorporation.  
Civil Practice Act, §  182.

[2] Corporations  503(3)
101k503(3) Most Cited Cases

In action for breach of contract, corporation was entitled to change of place of
trial to county which certificate of incorporation designated as location of
principal office of corporation.  Civil Practice Act, §  182.
  **485 Dreyer & Traub, Brooklyn, for appellant, Samuel Kirschenbaum, Brooklyn,
of counsel.

  Louis L. Kaplan, New York City, for respondent.


  Before WENZEL, Acting P. J., and MURPHY, UGHETTA, HALLINAN and KLEINFELD, JJ.


  MEMORANDUM BY THE COURT.

  *937 In an action to recover damages for breach of contract, the appeal is
from an order denying appellant's motion to change the place of trial from New
York County to Kings County.  Appellant's certificate of incorporation
designates Kings County as the county wherein its principal office is located.

  Order reversed, with $10 costs and disbursements, and motion granted.

 [1][2]  The residence of a corporation, for venue purposes under section 182 of
the Civil Practice Act, is in the county in which is located the corporation's
principaloffice as designated in the certificate of incorporation (Jonas
Equities, Inc. v. 614 East 14th Realty Corp., 282 App.Div. 773, 123 N.Y.S.2d 44;
cf. Boro Kitchen Cabinets, Inc., v. Spalt, 9 A.D.2d 925, 195 N.Y.S.2d 87).  'The
mere fact that the corporation had its office in a county other than that
designated in its certificate of incorporation does not change its residence for
the purpose of legal procedure' (1 White on New York Corporations [12th ed.], §  
140.1, p. 357). Yonkers Raceway, Inc. v. National Union Fire Ins. Co. of
Pittsburgh, Pa., 9 Misc.2d 412, 170 N.Y.S.2d 205, affirmed 6 A.D.2d 846, 176
N.Y.S.2d 241, affirmed 6 N.Y.2d 756, 186 N.Y.S.2d 656, cited by the learned
Special Term, is not to the contrary.  The plaintiff in that case was required
by statute (Pari-Mutuel Revenue Law, §  37, L.1940, ch. 254, as amended,
McK.Unconsol.Laws, §  7595) to specify in its certificate of incorporation not
only its principal office, but also the location at which its business was to be
conducted.  It was held that such corporation had two legal residences, both
indicated in its certificate of incorporation.


  MURPHY, J., deceased.

195 N.Y.S.2d 484, 9 A.D.2d 937

END OF DOCUMENT