VACCARO v. Penske Automotive Group Inc., et al., Defendants. (2023)

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

Joseph VACCARO, Plaintiff–Respondent, v. MERCEDES–BENZ USA, Defendant–Appellant, Penske Automotive Group Inc., et al., Defendants.

1288

Decided: December 21, 2023

Manzanet–Daniels, J.P., González, Scarpulla, Mendez, Higgitt, JJ.

Goldberg Segalla, LLP, Buffalo (Meghan M. Brown of counsel), for appellant. Saracino Morris Law Group PLLC, Harrison (Gregory Saracino and Peter Morris of counsel), for respondent.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about March 22, 2023, which denied defendant Mercedes–Benz USA's motion to change venue, unanimously affirmed, without costs.

Defendant met its threshold burden of raising an issue as to plaintiff's residence by annexing documents indicating that plaintiff was a Connecticut resident (see Hernandez v. Seminatore, 48 A.D.3d 260, 260, 851 N.Y.S.2d 172 [1st Dept. 2008]; CPLR 510[1]). In opposisition, plaintiff, through his detailed affidavit and corroborating documents, sufficiently established his bona fide residency in Bronx County with some degree of permanency (see Ramirez v. Santarpia, 268 A.D.2d 257, 257, 701 N.Y.S.2d 367 [1st Dept. 2000]).

We have considered defendant's remaining arguments and find them unavailing.

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