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CLARKE v. MICHAEL AHERN PROD. SERVS., INC.

181 A.D.2d 514 (1992)

Michael Clarke, Respondent, v. Michael Ahern Production Services, Inc., Appellant and Third-Party Plaintiff-Appellant, and Sound Advice Live, Inc., et al., Appellants. Vari-Lite Concerts, Inc., et al., Third-Party Defendants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 12, 1992

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...

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