Legal Opinion

Cintas Corp. v. Pontiac-Honda

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1998PublishedCited by 1 opinion

1Opinion of the Court

—Order unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court erred in denying defendant’s motion for a change of venue. Plaintiff, a foreign corporation licensed to *1095transact business in New York, commenced this action seeking damages for breach of contract. Plaintiff designated Erie County as the place of trial based upon its maintenance of an office in that county. That designation was improper.

As a foreign corporation, plaintiff resides in the county where its principal office, as designated in its authority to do business, is located (see, CPLR 503 [c];…

2Cases cited9 opinions

  1. O'Brien v. Vassar Bros. HospitalAppellate Division of the Supreme Court of the State of New York · 1995
  2. Nixon v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  3. Papadakis v. Command Bus Co.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Collins v. Trigen Energy Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Pitegoff v. LuciaAppellate Division of the Supreme Court of the State of New York · 1983

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3Cited by1 opinion

  1. Lombardi Associates, Ltd. v. Champion Ambulette Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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