Leetom v. Bell

The motion court erred in finding that plaintiff was not a resident of Bronx County when he commenced his action against defendants (CPLR 503 [a]). In fact, the evidence established that plaintiff moved to the James J. Peters VA Medical Center in the Bronx (the Bronx VA) to convalesce after suffering a medical condition that caused him to lose the use of his legs. When he commenced this action, plaintiff had been living in the Bronx VA for nearly a year, and indeed, was unable to move back to his prior residence, a second-floor walk-up apartment in Queens. Thus, plaintiff was, in fact, a bona…