Opinion
October 9, 1990
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
In the instant case, it is uncontroverted that Nassau County is designated in the corporate defendant's certificate of incorporation, as amended, as the defendant's residence. The plaintiff, although purportedly basing his selection of the venue of this action on the defendant's residence, improperly designated Kings County. It is well established that the sole legal residence of a domestic corporation for venue purposes is the county designated in the certificate of incorporation (see, Saal v. Claridge Hotel Casino, 152 A.D.2d 631; Papadakis v Command Bus Co., 91 A.D.2d 657). Having selected an improper venue in the first instance, the plaintiff forfeited his right to select the place of venue (see, Saal v. Claridge Hotel Casino, supra; Papadakis v. Command Bus Co., supra). The plaintiff's argument that the Supreme Court improperly changed the venue of this action to Nassau County is therefore without merit. Mangano, P.J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.