Opinion
7856N Index 25261/15
12-11-2018
Carmen ORTIZ, Plaintiff–Appellant, v. Hector RIVERA III, et al., Defendants–Respondents.
DeAngelis & Hafiz, Mount Vernon (Talay Hafiz of counsel), for appellant. Lewis Brisbois Brisgaard & Smith, LLP, New York (Nicholas Hurzeler of counsel), for respondents.
DeAngelis & Hafiz, Mount Vernon (Talay Hafiz of counsel), for appellant.
Lewis Brisbois Brisgaard & Smith, LLP, New York (Nicholas Hurzeler of counsel), for respondents.
Sweeny, J.P., Renwick, Mazzarelli, Oing, Moulton, JJ.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about September 20, 2017, which, in this action for personal injuries sustained in a motor vehicle accident, granted defendants' motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.
The court properly granted the motion, since defendants established, through the affidavit of defendant Rivera and other documentary proof, that Rivera lived in Westchester County, not Bronx County, on the date that the action was commenced (see Herrera v. A. Pegasus Limousine Corp., 34 A.D.3d 267, 825 N.Y.S.2d 183 [1st Dept. 2006] ), and plaintiff failed to rebut defendants' showing (cf. Singh v. Empire Intl., Ltd., 95 A.D.3d 793, 947 N.Y.S.2d 1 [1st Dept. 2012] ).