Burrus v. New York Military Academy

Appellate Division of the Supreme Court of New York

Burrus v. New York Military Academy

198 A.D.2d 110, 605 N.Y.S.2d 842

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1993

StatusPublished

This text of 198 A.D.2d 110 (Burrus v. New York Military Academy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burrus v. New York Military Academy, 198 A.D.2d 110, 605 N.Y.S.2d 842 (N.Y. Ct. App. 1993).

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Opinion

—Order, Supreme Court, Bronx County (Anita Florio, J.), entered August 13, 1993, which denied defendant’s motion to change venue, without prejudice to renewal upon a copy of the court order determining custody of the infant plaintiff, unanimously affirmed, without costs.

Inasmuch as a party can have more than one residence for venue purposes (CPLR 503 [a]), we agree with the IAS Court that the record is inconclusive on the question of the infant plaintiff’s residence, and that a copy of the court order that awarded custody of her might serve to resolve the issue. Concur — Carro, J. P., Rosenberger, Kassal and Rubin, JJ.

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—Order, Supreme Court, Bronx County (Anita Florio, J.), entered August 13, 1993, which denied defendant’s motion to change venue, without prejudice to renewal upon a copy of the court order determining custody of the infant plaintiff, unanimously affirmed, without costs.

Inasmuch as a party can have more than one residence for venue purposes (CPLR 503 [a]), we agree with the IAS Court that the record is inconclusive on the question of the infant plaintiff’s residence, and that a copy of the court order that awarded custody of her might serve to resolve the issue. Concur — Carro, J. P., Rosenberger, Kassal and Rubin, JJ.

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Bluebook (online)

198 A.D.2d 110, 605 N.Y.S.2d 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burrus-v-new-york-military-academy-nyappdiv-1993.