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HERRERA v. A. PEGASUS LIMOUSINE CORP.

34 A.D.3d 267 (2006)

825 N.Y.S.2d 183

NANCY A. HERRERA et al., Appellants, v. A. PEGASUS LIMOUSINE CORP. et al., Respondents.

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

Decided November 9, 2006.

The initial selection of venue was based on evidence that defendant Ramos resided in Bronx County. Defendants timely demanded a change of venue based on improper designation (CPLR 510 [1]), and sought transfer to Nassau County, where plaintiffs resided (CPLR 511 [b]). Documentary proof was submitted that Ramos resided in New Jersey, and his affidavit and deposition testimony established that he did not reside in Bronx County at the time this action was commenced.

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