Fiallos v. New York University Hospital

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about February 8, 2010, which granted defendant’s motion for a change of venue, reversed, on the law and the facts, without costs, and the motion denied.

In making its motion, defendant assumed the burden of disproving plaintiffs Bronx County residence (see e.g. Clarke v Ahern Prod. Servs., 181 AD2d 514 [1992]). Counsel’s affidavit by which he cites unspecified “investigative efforts” that revealed that someone other than plaintiff occupied the apartment amounts to mere hearsay and is insufficient to carry defendant’s…