Hansen v. Gehl Co.

Mercure, J.P.

Appeal from an order of the Supreme Court (Ceresia, Jr., J.), entered June 19, 2006 in Rensselaer County, which denied defendants’ motion for a change of venue.

Plaintiff commenced this personal injury action in April 2004, placing venue in Rensselaer County on the basis of his residence as expressly stated in the complaint. In an examination before trial on February 15, 2006, however, plaintiff stated that he was, in fact, a resident of Washington County. On March 28, 2006, defendant Gehl Company moved pursuant to CPLR 511 (b) for a change of venue to Washington County. Defendant…