MacMaster v. Sardina

Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Mem*1133orandum: Supreme Court erred in summarily denying the motion of defendant Sardina to change the venue of the action from New York County to Erie County pursuant to CPLR 510 (1) on the ground that plaintiff was not a resident of New York County at the time the action was commenced (see, CPLR 503 [a]). In light of the conflicting averments proffered by the respective parties regarding plaintiff’s residence, we are unable to determine, on the record…