Practice point: Pursuant to CPLR 503(a), "the place of trial shall
be in the county in which one of the parties resided when it was
commenced." For venue purposes, a residence is where a party stays for
some time with a bona fide intent to retain the place as a residence for
some length of time and with some degree of permanency. While residence means living in a particular place, domicile
means living in that locality with intent to make it a fixed and
permanent home..
Student note: In the context of determining proper venue, a party may have more than one residence.
Case: Deas v. Ahmed, NY Slip Op 05945 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: Documents in the electronic record in a medical malpractice action.
