MOODIE v. KEHOE

4933N, 25853/16E.

155 A.D.3d 455 (2017)

63 N.Y.S.3d 672

2017 NY Slip Op 07952

PAULINE MOODIE, Appellant, v. MAUREEN KEHOE, Respondent.

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

Decided November 14, 2017.


The motion for a change of venue should have been denied because defendant did not meet her initial burden "of disproving plaintiff's Bronx County residence" (Fiallos v New York Univ. Hosp., 85 A.D.3d 678, 678 [1st Dept 2011]). In her personally verified complaint, plaintiff alleges that she is a resident of Bronx County, and the summons specifies her address on Baychester Avenue in Bronx County. In support of her motion to change...

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