Opinion
1123N, 301718/13.
05-10-2016
Quirino MADIA, et al., Plaintiffs–Respondents, v. CBS CORPORATION, et al., Defendants–Appellants, EAN Holdings, LLC, Defendant.
Melcer Newman, PLLC, New York (Jon E. Newman of counsel), for appellants. Morgan Levine Dolan, P.C., New York (Jeffrey L. Schulman of counsel), for respondents.
Melcer Newman, PLLC, New York (Jon E. Newman of counsel), for appellants.
Morgan Levine Dolan, P.C., New York (Jeffrey L. Schulman of counsel), for respondents.
Opinion Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 8, 2015, which, to the extent appealed from as limited by the briefs, denied defendants-appellants' motion to renew their motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.
Even if the additional evidence and supplemental affirmation submitted by defendants in support of their motion to renew are considered, defendants failed to establish that plaintiffs did not reside in Bronx County at the time the action was commenced (see CPLR 503[a] ). Although defendants showed that plaintiff Quirino Madia presented a license showing a Westchester County address at the time of the accident, and apparently registered other cars in Westchester County, in opposition, plaintiffs presented an affidavit and substantial documentary evidence showing that he lived in a home that he owned in Bronx County, with his wife, plaintiff Theresa Madia, at the time the action was commenced (see Washington v. Sow, 127 A.D.3d 492, 492–493, 9 N.Y.S.3d 180 [1st Dept.2015] ). Accordingly, defendants failed to establish that venue was improperly placed in Bronx County. FRIEDMAN, J.P., ACOSTA, MOSKOWITZ, KAPNICK, GESMER, JJ., concur.