Madia v. CBS Corp.

Appellate Division of the Supreme Court of New York

Madia v. CBS Corp.

139 A.D.3d 475, 29 N.Y.S.3d 800

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

DecidedMay 10, 2016

Docket1123N 301718/13

StatusPublished

Cited by1 cases

This text of 139 A.D.3d 475 (Madia v. CBS Corp.) 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

Madia v. CBS Corp., 139 A.D.3d 475, 29 N.Y.S.3d 800 (N.Y. Ct. App. 2016).

Pincite

Opinion

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 8, 2015, which, to the extent appealed from as *476 limited by the briefs, denied defendants-appellants’ motion to renew their motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.

Even if the additional evidence and supplemental affirmation submitted by defendants in support of their motion to renew are considered, defendants failed to establish that plaintiffs did not reside in Bronx County at the time the action was commenced (see CPLR 503 [a]). Although defendants showed that plaintiff Quirino Madia presented a license showing a Westchester County address at the time of the accident, and apparently registered other cars in Westchester County, in opposition, plaintiffs presented an affidavit and substantial documentary evidence showing that he lived in a home that he owned in Bronx County, with his wife, plaintiff Theresa Madia, at the time the action was commenced (see Washington v Sow, 127 AD3d 492, 492-493 [1st Dept 2015]). Accordingly, defendants failed to establish that venue was improperly placed in Bronx County.

Concur — Friedman, J.P., Acosta, Moskowitz, Kapnick and Gesmer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 8, 2015, which, to the extent appealed from as *476 limited by the briefs, denied defendants-appellants’ motion to renew their motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.

Even if the additional evidence and supplemental affirmation submitted by defendants in support of their motion to renew are considered, defendants failed to establish that plaintiffs did not reside in Bronx County at the time the action was commenced (see CPLR 503 [a]). Although defendants showed that plaintiff Quirino Madia presented a license showing a Westchester County address at the time of the accident, and apparently registered other cars in Westchester County, in opposition, plaintiffs presented an affidavit and substantial documentary evidence showing that he lived in a home that he owned in Bronx County, with his wife, plaintiff Theresa Madia, at the time the action was commenced (see Washington v Sow, 127 AD3d 492, 492-493 [1st Dept 2015]). Accordingly, defendants failed to establish that venue was improperly placed in Bronx County.

Concur — Friedman, J.P., Acosta, Moskowitz, Kapnick and Gesmer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

139 A.D.3d 475, 29 N.Y.S.3d 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madia-v-cbs-corp-nyappdiv-2016.

Opinion

Related

Cite This Page — Counsel Stack