Hyperlawhypertext legal databasebeta Personnel Career Services, Inc. v. Pizza Huts of Dutchess County, Inc. 149 Misc. 2d 729

← Cases

Personnel Career Services, Inc. v. Pizza Huts of Dutchess County, Inc.

149 Misc. 2d 729 Court Supreme Court, Appellate Term, First Department, Decision date 1991-05-06 English

Contents

Majority

p. 729
Personnel Career Services, Inc., Appellant, v Pizza Huts of Dutchess County, Inc., Respondent.
Supreme Court, Appellate Term, First Department,
May 6, 1991
APPEARANCES OF COUNSEL
Amos Weinberg for appellant. Levine & Hofstetter (Stanley A. Frangk of counsel), for respondent.

OPINION OF THE COURT

Order entered November 16, 1990, insofar as appealed from reversed, with $10 costs, and defendant’s motion denied.

In this breach of contract action venue was properly set in New York County, which was designated as the principal place of business of the corporate defendant in its certificate of incorporation filed with the Secretary of State (CCA 305 [b]). Nor did Civil Court act within its authority in granting a discretionary change of venue to Dutchess County District

p. 730
Court "in the interest of justice”. CCA article 3 " 'is concerned only with venue within the Civil Court and changes of venue from one county to another between and among the five counties which comprise the Civil Court’ (Siegel, Practice Commentary, McKinney’s Cons Laws of NY, Book 29A, Judiciary — Court Acts, CCA 306 [at 112]) * * * [and] is not authority for transferring an action from one court to another” (Medicorp v Avis Corp., 122 Misc 2d 813 , 815).

Riccobono, J. P., Parness and McCooe, JJ., concur.

Cases cited