Memminger v Nelson Gardens, Inc. (2005 NY Slip Op 00337)

Memminger v Nelson Gardens, Inc.

2005 NY Slip Op 00337 [14 AD3d 442]

January 25, 2005

Appellate Division, First Department

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

As corrected through Wednesday, March 16, 2005

Kenneth Memminger, Respondent,
v
Nelson Gardens, Inc., et al., Appellants, et al., Defendant.

—[*1]

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered June 18, 2004, which denied defendants-appellants' motion to change venue from Bronx County to Queens County, unanimously affirmed, without costs.

Venue was properly placed in Bronx County, which is listed in the nonappearing defendant's certificate of incorporation as the location of its principal office (CPLR 503 [c]; see Conway v Gateway Assoc., 166 AD2d 388 [1990]; cf. Lucarello v New York Zoological Socy., 220 AD2d 312 [1995]). Venue was properly retained in Bronx County on the ground that appellants failed to satisfy their burden of showing that the convenience of material witnesses would be served by changing venue to Queens County (see Cardona v Aggressive Heating, 180 AD2d 572 [1992]). Concur—Friedman, J.P., Marlow, Nardelli, Sweeny and Catterson, JJ.