KANUTEH v. KENIA (2001)

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

Linda Key KANUTEH, Plaintiff-Appellant, v. Dihern KENIA, Defendant-Respondent.

Decided: November 01, 2001

SULLIVAN, P.J., ROSENBERGER, TOM, WALLACH and RUBIN, JJ.

John R. Kelligrew, for Plaintiff-Appellant. Bruce Roth, for Defendant-Respondent.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about November 22, 2000, which granted defendant's motion made pursuant to CPLR 503 and 510(1) for a change of venue from Bronx County to Westchester County, unanimously affirmed, with costs.

Defendant's motion to change venue, as of right, from Bronx County to Westchester County, where defendant resides, was properly granted. The police accident report showed plaintiff as having a Westchester County address and plaintiff, in opposition to defendant's timely motion, failed to offer any documentary evidence to support her conclusory claim that she was a Bronx resident at the time she commenced her personal injury action (see, Buziashvili v. Ryan, 264 A.D.2d 797, 695 N.Y.S.2d 396; Gladstone v. Syvertson, 186 A.D.2d 400, 588 N.Y.S.2d 283; Martinez v. Semicevic, 178 A.D.2d 228, 576 N.Y.S.2d 874). Her total claimed period of residence in the Bronx was 3 1/212 months, with the filing of the action occurring about half-way into that period.

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