Summary
This Appellate Division, First Department decision affirms a lower court order granting defendants' motion to change venue from Bronx County to New York County in a personal injury action. The court held that the defendants' untimely filing was excusable due to the plaintiff's repeated misleading statements regarding his residence. Relying on medical records and DMV documentation, the court found the defendants met their burden of proving the plaintiff exclusively resided in New York County, rendering the Bronx County venue improper.
Topics
Practice areas
Questions Presented
- Whether the defendants' untimely motion to change venue is excusable and should be granted
- Whether the plaintiff improperly designated Bronx County as the proper venue
Holdings
- The motion is excusable and is granted because the plaintiff repeatedly misrepresented his residence and the defendants promptly moved to change venue after ascertaining the true residence.
Key quotations
“[p]laintiff's conclusory affidavit attesting to h[is] [Bronx] County residence was insufficient to rebut defendant's proof”
Factual background
The plaintiff, Rogers, filed a personal‑injury action asserting residence in Bronx County, but medical records and other evidence showed he actually lived in New York County. The defendants moved to change venue to New York County after discovering the true residence.
Procedural history
The Supreme Court, Bronx County entered an order changing venue from Bronx County to New York County; defendants appealed to the Appellate Division, which affirmed the order.