McKenzie v. MAJ Transit, Inc.

Full title: GARY McKENZIE, Appellant, v. MAJ TRANSIT, INC., et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 12, 1994

204 A.D.2d 154 (N.Y. App. Div. 1994)

611 N.Y.S.2d 191

Opinion

May 12, 1994

Appeal from the Supreme Court, Bronx County (Hansel McGee, J.).

We find that defendants did not establish that plaintiff's selection of Bronx County as the venue for the within action, based on the residence of defendant Henry Gibbs, Jr., was improper (see, CPLR 503 [a]). In light of the fact that defendant Gibbs' driver's license listed a Bronx address as his residence, his affidavit that he nevertheless lived at an address in Jamaica, Queens at the time of the accident was not sufficient, standing alone, to satisfy the defendants' burden of proof (see, Martinez v. Semicevic, 178 A.D.2d 228).

Concur — Rosenberger, J.P., Ellerin, Ross, Nardelli and Williams, JJ.