FURLOW v. BRAEUBRUN (1999)

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

James L. FURLOW, Jr., et al., Plaintiffs-Appellants, v. Euginia P. BRAEUBRUN, Defendant-Respondent.

Decided: March 25, 1999

ELLERIN, P.J., SULLIVAN, LERNER and RUBIN, JJ.

M. Sean Duffy, for Plaintiffs-Appellants. Ellen J. Golden, for Defendant-Respondent.

Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered on or about February 23, 1998, which granted defendant's motion pursuant to CPLR 503(a) and 511 to change venue from Bronx to Westchester County, unanimously affirmed, with costs.

Plaintiffs' conclusory affidavits attesting to the Bronx residency of one of them, unsupported by documentation probative of such residency (see, Martinez v. Semicevic, 178 A.D.2d 228, 576 N.Y.S.2d 874), were insufficient to rebut defendant's proof in the form of hospital and motor vehicle records showing that both plaintiffs reside in Westchester County. Accordingly, the grant of defendant's motion to change venue upon the ground that venue, as set by plaintiffs initially on the basis of their alleged Bronx residency, was improper, was correct.

MEMORANDUM DECISION.

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