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APPLEYARD v. FIRST PRESTIGE PROPS., INC.

Index No. 21847/19E. Appeal No. 14527. Case No. 2021-00159.

199 A.D.3d 402 (2021)

153 N.Y.S.3d 853

2021 NY Slip Op 06028

Audrey A. Appleyard, Respondent, v. First Prestige Properties, Inc., et al., Appellants, et al., Defendants.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Methfessel & Werbel, New York ( Fredric P. Gallin of counsel), for appellants.

Shapiro Law Offices, PLLC, Bronx ( Ernest S. Buonocore of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.

Defendants met their burden of showing that plaintiff was not a Bronx County resident when she commenced this action (see CPLR 503[a]) by submitting her driver's license issued in 2017, a disability application from 2018, and an accident claim report from 2019, all showing that plaintiff lived in Milton, New York (see Book v Horizon Asset Mgt., 105 A.D.3d 661 [1st Dept 2013]; see also Furlow v Braeubrun,

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