Burk v. Sackville-Pickard

Order, entered May 9, 1967, granting motion to dismiss action on the ground of forum non conveniens conditionally, reversed, on the facts and on the law, with $50 costs and disbursements to plaintiff-appellant, and the motion denied, on the ground that the record establishes that defendants were residents of New York at the time of the commencement of this action. Special Term found that defendants were residents of Pennsylvania. A person, however, may have two different residences in two different States. Residence simply requires bodily presence as an inhabitant in a given place. Since…