Opinion
December 8, 1986
Appeal from the Supreme Court, Westchester County (Marbach, J.).
Ordered that the order is affirmed, with costs.
Special Term correctly concluded that the Manhattan apartment upon which venue in New York County was predicated did not constitute a residence of the plaintiff David Friedman within the meaning of CPLR 503 (a) (see, Katz v. Siroty, 62 A.D.2d 1011). Although Special Term should have transferred this motion to renew to the Justice who decided the original motion (see, CPLR 2221), under the circumstances of this case, this failure alone does not warrant reversal (see, Zappolo v. Putnam Hosp. Center, 117 A.D.2d 597; Vaseghi v. Vaseghi, 114 A.D.2d 501; Sterling Natl. Bank Trust Co. v. Ambassador Factors Corp., 86 A.D.2d 547). Mangano, J.P., Weinstein, Lawrence and Kooper, JJ., concur.