Clarke v. Michael Ahern Production Service, Inc.

Appellate Division of the Supreme Court of New York

Clarke v. Michael Ahern Production Service, Inc.

181 A.D.2d 514

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

DecidedMarch 12, 1992

StatusPublished

Cited by10 cases

This text of 181 A.D.2d 514 (Clarke v. Michael Ahern Production Service, Inc.) 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

Clarke v. Michael Ahern Production Service, Inc., 181 A.D.2d 514 (N.Y. Ct. App. 1992).

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Opinion

— Order, Supreme Court, Bronx County (Barry Sal-man, J.), entered June 4, 1991, which denied defendant’s motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.

[515]*515We agree with the IAS court that defendant failed to satisfy its burden of disproving plaintiffs Bronx County residence, at best demonstrating only that plaintiff also had a Westchester County residence at the time the action was commenced (see, Bradley v Plaisted, 277 App Div 620, lv denied 278 App Div 727). There is no evidence that plaintiff did not retain his Bronx apartment as his residence or that he has ever intended to abandon or surrender it (see, Siegfried v Siegfried, 92 AD2d 916). Concur — Sullivan, J. P., Carro, Ross, Asch and Smith, JJ.

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— Order, Supreme Court, Bronx County (Barry Sal-man, J.), entered June 4, 1991, which denied defendant’s motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.

[515]*515We agree with the IAS court that defendant failed to satisfy its burden of disproving plaintiffs Bronx County residence, at best demonstrating only that plaintiff also had a Westchester County residence at the time the action was commenced (see, Bradley v Plaisted, 277 App Div 620, lv denied 278 App Div 727). There is no evidence that plaintiff did not retain his Bronx apartment as his residence or that he has ever intended to abandon or surrender it (see, Siegfried v Siegfried, 92 AD2d 916). Concur — Sullivan, J. P., Carro, Ross, Asch and Smith, JJ.

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181 A.D.2d 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarke-v-michael-ahern-production-service-inc-nyappdiv-1992.

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