Hyperlawhypertext legal database Clarke v. Michael Ahern Production Service, Inc. 181 A.D.2d 514

← Cases

Clarke v. Michael Ahern Production Service, Inc.

181 A.D.2d 514 Court N.Y. App. Div. Decision date 1992-03-12 English

Contents

Majority

p. 514
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.

— Order, Supreme Court, Bronx County (Barry Sal-man, J.), entered June 4, 1991, which denied defendant’s motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.

p. 515
We agree with the IAS court that defendant failed to satisfy its burden of disproving plaintiffs 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 has ever intended to abandon or surrender it (see, Siegfried v Siegfried, 92 AD2d 916 ). Concur — Sullivan, J. P., Carro, Ross, Asch and Smith, JJ.

Cases cited