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Senzon v. Uveges

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 476 (N.Y. App. Div. 1999)

Opinion

Submitted August 17, 1999

October 18, 1999

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (LaTorella, J.).


ORDERED that the order is reversed, with costs, the motion is granted, and the venue of the action is changed from Queens County to Suffolk County; and it is further,

ORDERED that the Clerk of the Supreme Court, Queens County, is directed to deliver to the Clerk of the Supreme Court, Suffolk County, all of the papers filed in the action and certified copies of all minutes and entries (see, CPLR 511[d]).

On February 14, 1998, the plaintiff and the defendants were involved in an automobile accident. The police accident report indicated that the plaintiff resided in Southampton, which is located in Suffolk County. Shortly thereafter, with the filing of a summons and complaint in the Clerk's Office of the Supreme Court, Queens County, the plaintiff commenced this action to recover damages for personal injuries, claiming to be a resident of Queens County. The Supreme Court denied the defendants' subsequent motion for a change of venue to Suffolk County.

We disagree. Aside from her conclusory statement that, at the time of the accident, she maintained residences both in Suffolk County and at 162-30 Powells Cove Boulevard in Queens County, the plaintiff failed to establish through documentary evidence that she actually resided in Queens County at the time she commenced this action, much less that she resided there with any degree of permanence (see, Labissiere v. Roland, 231 A.D.2d 687).

MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.


Summaries of

Senzon v. Uveges

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 476 (N.Y. App. Div. 1999)
Case details for

Senzon v. Uveges

Case Details

Full title:SANDRA L. SENZON, respondent, v. BRUCE A. UVEGES, et al., appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 1999

Citations

265 A.D.2d 476 (N.Y. App. Div. 1999)
697 N.Y.S.2d 117

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