Narrative Opinion Summary
In this case, the Supreme Court of Bronx County addressed a venue dispute in a personal injury lawsuit. The plaintiff, having been injured in a slip and fall incident in Westchester County, selected Bronx County as the venue based on the defendant's registered principal place of business. The defendant, B&B Mall Associates, Inc., sought to transfer the venue to Westchester County, asserting that its principal place of business was located there. The court evaluated the defendant's motion, which included an affidavit from its president, but found the affidavit to be conclusory and lacking sufficient supporting documentation. The plaintiffs countered with evidence demonstrating that B&B Mall had an office in Bronx County and had registered this location as their principal place of business with the state. The defendant's additional evidence did not effectively contradict this claim, and a receipt from the New York State Department of State confirmed the Bronx designation. Consequently, the court denied the motion to change venue, affirming the appropriateness of the Bronx County venue without costs to the parties involved.
Legal Issues Addressed
Challenge to Venue Selectionsubscribe to see similar legal issues
Application: A defendant's motion to change venue must be supported by conclusive evidence showing that the plaintiff's chosen venue is improper.
Reasoning: B&B Mall argued that its principal place of business was in Westchester and submitted an affidavit from its president to support this claim. However, the court found the affidavit to be conclusory and lacking supporting documentation, thus failing to adequately challenge the plaintiffs' venue selection.
Evidence Supporting Venue Designationsubscribe to see similar legal issues
Application: Evidence provided by the plaintiff indicating the defendant's registered principal place of business with the state can sustain the venue selection.
Reasoning: In opposition, the plaintiffs provided evidence indicating that B&B Mall had an office in Bronx County and had registered it as their principal place of business with the state.
Venue Selection in Personal Injury Casessubscribe to see similar legal issues
Application: The plaintiff is entitled to select the venue of the case based on the defendant's principal place of business, as designated in state records.
Reasoning: The plaintiff, Mary Fix, sustained injuries from a slip and fall in a Westchester County mall parking lot, but designated Bronx County as the venue based on B&B Mall's principal place of business.