LEETOM v. BELL

1789N, 301459/08

68 A.D.3d 532 (2009)

2009 NY Slip Op 9287

889 N.Y.S.2d 454

ROBERT LEETOM, Appellant, v. JASON ROGER BELL, M.D., et al., Respondents, et al., Defendant.

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

Decided December 15, 2009.


The motion court erred in finding that plaintiff was not a resident of Bronx County when he commenced his action against defendants (CPLR 503 [a]). In fact, the evidence established that plaintiff moved to the James J. Peters VA Medical Center in the Bronx (the Bronx VA) to convalesce after suffering a medical condition that caused him to lose the use of his legs. When he commenced this action, plaintiff had been living in the Bronx VA for nearly a year, and indeed, was unable...

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