| Lux Bldrs. Inc. v INN Constr. Corp. |
| 2023 NY Slip Op 51340(U) [81 Misc 3d 1214(A)] |
| Decided on December 8, 2023 |
| Supreme Court, Kings County |
| Maslow, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Lux Builders
Inc., Plaintiff(s),
against INN Construction Corporation, Defendant(s). |
The following numbered papers were read on this motion:
NYSCEF Document Numbers 6-8, 10,11.Upon the foregoing papers, and this motion having been determined on submission,
It is hereby ORDERED as follows:
The motion by Defendant seeking a change of venue to Nassau County is DENIED.
In the complaint, Plaintiff alleged that Defendant was a domestic corporation with a business address in Kings County (see NYSCEF Doc No. 8 at 4).[FN1] Defendant's answer admitted this allegation (see id. at 11).
Defendant asserted through counsel's affirmation that its principal place of business is in Nassau County, but counsel did not state he has personal knowledge of this. Moreover, Exhibit D, comprised of two pages appearing to be taken off the Internet (see id. at 21-22), relied on by Defendant for the contention that its principal place of business is in Nassau County, was inadmissible since it was not properly authenticated as an exception to the hearsay rule. The certificate of incorporation was not submitted. Defendant failed to meet its burden of demonstrating that its principal office was located in Nassau County (see CPLR 503 [c]; O.K. v Y.M. & Y.W.H.A. of Williamsburg, Inc., 175 AD3d 540 [2d Dept 2019]).
E N T E R