Clarke v. Michael Ahern Production Service, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order, Supreme Court, Bronx County (Barry Sal-man, J.), entered June 4, 1991, which denied defendant’s motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.
*515We agree with the IAS court that defendant failed to satisfy its burden of disproving plaintiffs Bronx County residence, at best demonstrating only that plaintiff also had a Westchester County residence at the time the action was commenced (see, Bradley v Plaisted, 277 App Div 620, lv denied 278 App Div 727). There is no evidence that plaintiff did not retain his Bronx apartment as his…
2Cases cited1 opinion
- Siegfried v. SiegfriedAppellate Division of the Supreme Court of the State of New York · 1983
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