December 29, 2023

Venue.

Defendant's motion to change venue is denied. Pursuant to CPLR 510 [1], Defendant met its threshold burden of raising an issue as to plaintiff's residence by annexing documents indicating that plaintiff was a Connecticut resident. However, in opposition, plaintiff, through his detailed affidavit and corroborating documents, sufficiently established his bona fide residency,with some degree of permanency, in Bronx County.

Vaccaro v. Mercedes-Benz USA, NY Slip Op 06603 (1st Dep't December 21, 2023)

Here is the decision.