Robert Krochta was walking across Ad Mfg. Corp.'s, (AMC), Nassau County property when he tripped and fell over some packaging materials left on its sidewalk by a delivery company.
After Krochta filed his suit in Bronx County Supreme Court, based on the address listed in AMC's certificate of incorporation, the company contended that it had actually been doing business in Nassau County for over 30 years and that its witnesses and the "interest of justice" would best be served if the case were heard on the Island.
Even though the request suffered from some procedural problems, the Bronx County Supreme Court ruled in AMC's favor noting, "all things being equal, a transitory action should be venued in the county of occurrence."
Since the requirements for a location change -- a statement detailing the names of the witnesses, the "nature and materiality of their anticipated testimony," and how they would be "inconvenienced" -- hadn't been met in this instance, the Appellate Division, First Department, thought the case should stay in da Bronx.
Krochta gotcha!
To view a copy of the Appellate Division's decision, please use this link: Krochta v On Time Delivery Serv., Inc.