Opinion
March 12, 1992
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
We agree with the IAS court that defendant failed to satisfy its burden of disproving plaintiff's 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 A.D.2d 916).
Concur — Sullivan, J.P., Carro, Ross, Asch and Smith, JJ.