Foreign Entity's Designation of Location With Secretary of State Controls for Venue Purposes

On December 21, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Simshabs Capital Partners, Ltd. v. Ellis, 2016 NY Slip Op. 32609(U), declining to transfer an action for improper forum, explaining:

With respect to Ellis's motion to change venue to Albany County, the motion is denied. A foreign corporation's designation of the location of its office in its statement filed with the Secretary of State constitutes a designation of its residence for venue purposes under CPLR 503[c]. Here, Ellis does not dispute that Simshabs filed its application to conduct business in New York with the Secretary of State in December 2015, prior to this action's commencement, and that the address listed in its application was its Kings County address.

(Internal quotations and citations omitted).