ASHJIAN v. ORION POWER HOLDINGS, INC

The plaintiff commenced this action in Kings County, basing venue on the defendants' residence. For purposes of venue, the sole residence of a foreign corporation is the county in which its principal office is located, as designated in its application for authority to conduct business filed with the State of New York ( see CPLR 503 [c]; Business Corporation Law § 102 [a] [10]; Bailon v. Avis Rent A Car, 270 AD2d 439, 440; Collins v Trigen Energy Corp., 210 AD2d 283; Voorhees v. Babcock Wilcox Corp., 150 AD2d 677; General Precision v. Ametek, Inc., 24 AD2d 757). The appellants failed to produce any of their applications for authority to conduct business or otherwise to establish sufficiently that none of their principal offices was located in Kings County. Accordingly, the motion to change venue was properly denied, and the cross motion to retain venue in Kings County was properly granted.