Where Plaintiff may sue the attorney is the question of venue. Generally speaking, it is in the county where the plaintiff resides, or where the defendant resides. PCs "reside" in the county where their principal place of business is. However, the location of the attorney’s office need not be the county where the principal place of business is. That county is designated by the corporate documents filed for the PC.
In Brion v Moreira 2015 NY Slip Op 30160(U) February 3, 2015 Supreme Court, New York County Docket Number: 155815/14 Judge: Donna M. Mills we see Supreme Court analyze there the law firm may be sued.
Thereafter, it is defendant’s burden to establish that given the type of action, the venue chosen was improper. Id. Plaintiff must demonstrate that the venue chosen was proper. Id. A plaintiff forfeits the right to select the venue in an action if said plaintiff chooses an improper venue in the first instance. Kelson v. Nedicks Stores, Inc., 104 A.D.2d 315, 478 N.Y.S.2d 648 (1st Dept.1984).
Here, plaintiffs rely on defendant Moreira PLLC’s Articles of Organization that were filed with the New York Secretary of State on August 23, 2005 which designated New York County as is principal office. Additionally, a computer printout, dated May 21, 2014 from the New York State Department of State’s website also confirms that Moreira’s principal place of business is New York County. The law is clear that the sole residence of a limited liability company for venue purposes is the county where its principal office is located as designated in its articles of organization (see CPLR 503 (c); Limited Liability Company Law§§ 102 (s]; 203 [e) [2]; Graziuso v 2060 Hylan Blvd. Rest. Corp., 300 AD2d 627, 628 (2002); see also Mi/om v Marble Hall Apts., Inc., 37 AD3d 672 [2007]; Hamilton v Corona Ready Mix, Inc., 21 AD3d 448, 449 (2005)). Such office need not be a place where business activities are conducted by the limited liability company (see Limited Liability Company Law§ 102 [s)). Since the defendants failed to establish that the county designated by the plaintiffs in the first instance was improper, its motion to change the venue of the action from New York County to Queens County shall be denied.