Legal Opinion

Moodie v. Kehoe

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 2017No. 4933NPublished

1Opinion of the Court

Order, Supreme Court, Supreme Court, Bronx County (Fernando Tapia, J.), entered January 12, 2017, which granted defendant’s motion to change venue, unanimously reversed, on the law, without costs, and the motion denied.

The motion for a change of venue should have been denied because defendant did not meet her initial burden “of disproving plaintiff’s Bronx County residence” (Fiallos v New York Univ. Hosp., 85 AD3d 678, 678 [1st Dept 2011]). In her personally verified complaint, plaintiff alleges that she is a resident of Bronx County, and the summons specifies her address on Baychester Avenue…

2Cases cited2 opinions

  1. Fiallos v. New York University HospitalAppellate Division of the Supreme Court of the State of New York · 2011
  2. Mejia v. J. Crew Operating Corp.Appellate Division of the Supreme Court of the State of New York · 2016

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