Capitol Records Inc. v. Kuang DYI Co. of RM

Defendant's Argument That it Does Not Reside In New York Is Irrelevant to Determine Venue

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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46666 Judge Preska DEFENDANT MOVED to dismiss plaintiff Capitol Records Inc.’s action for copyright infringement on the ground of improper venue or transfer to the Central District of California. Plaintiff’s claims arose out of defendant’s sales and distribution of “The Jazzman” Versions 1, 2, and 3, a mechanical doll which plaintiff alleged utilizes an unauthorized copy of its copyrighted sound recording “Surrender.” Defendant is a California corporation and does not maintain a place of business in New York. The court denied defendant’s motion, finding that defendant’s argument that it does not reside in New York and that the principal events in this dispute took place in California are essentially irrelevant for purposes of determining the propriety of venue under Rule 302(a)(2) of the Civil Practice Law and Rules. The court added that defendant did not identify specific witnesses it intends to call or any acute hardship peculiar to those witnesses, but merely asserted that most of its witnesses are located in California.

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