New York Merchants Protective Co., Inc. v Nicole Shoe Corp. (2003 NY Slip Op 51618(U))

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New York Merchants Protective Co., Inc. v Nicole Shoe Corp.

2003 NY Slip Op 51618(U)

Decided on December 10, 2003

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the Official Reports.

Decided on December 10, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., ARONIN and RIOS, JJ.
NO. 2003-211 Q C

NEW YORK MERCHANTS PROTECTIVE COMPANY, INC., Appellant,

against

NICOLE SHOE CORP. a/k/a SARIT SHOES and DAVID COHEN, Respondents.

Appeal by plaintiff from so much of an order of the Civil Court, Queens County (P. Kelly, J.), entered on October 9, 2002, as granted defendants' motion to change venue to Kings County.

Order unanimously affirmed without costs.

Plaintiff failed to demonstrate that it "transacts business" (CCA 305 [b]) in Queens County. Plaintiff's opposition papers failed to contain an allegation made by an individual with personal knowledge of the facts regarding plaintiff's business transactions conducted in Queens County. Thus, the court below properly transferred the action to Kings County where one of the defendants resides (CCA 301 [a]).
Decision Date: December 10, 2003