Franklin Nat. Bank v. Superintendent of Banks

In Franklin Nat. Bank v. Superintendent of Banks, 40 Misc. 2d 315 (Sup Ct. Nassau Cty. 1963) the petitioner brought an action in Nassau County that challenged the Superintendent of Banks' decision to allow a rival bank to open a branch in Nassau. The court granted the respondent's motion to transfer venue to New York County, and wrote as follows: It may well be that conditions existing in Nassau County might be utilized by either of the parties hereto as evidentiary material which would or could be produced before the court in this proceeding, but I do not consider that the mere location of such material or applicability of such evidence coming out of Nassau County would be sufficient to establish Nassau County as the proper jurisdiction for the venue of this proceeding. To go a step further, even if this were so, the statute clearly gives this court the right to exercise its discretion, after considering all of the facets involved in this type of a proceeding, to transfer the venue to the county where the principal office of the respondents is located. Id. at 319.