FIX v. B&B MALL ASSOC., INC.

12716N, 22868/12E.

118 A.D.3d 477 (2014)

987 N.Y.S.2d 384

2014 NY Slip Op 4134

MARY FIX et al., Respondent, v. B&B MALL ASSOCIATES, INC., Appellant et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 10, 2014.


Plaintiff Mary Fix was injured when she slipped and fell in a parking lot of a mall located in Westchester County. Plaintiffs designated venue in Bronx County on the basis of B&B Mall's principal place of business (see CPLR 503).

In support of its motion, B&B Mall submitted an affidavit of its president averring that its principal place of business at the relevant time was in Westchester County and that it does not maintain a place of business or office...

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