Tuesday, April 3, 2007

Home may be where the heart is, but you'll need documentation.

After plaintiff venued this personal injury action in Kings County, defendant moved, pursuant to CPLR 510 and 511, to transfer venue to Nassau County, arguing that plaintiff did not live in Kings when the action was commenced. In opposition, plaintiff offered, among other things, a vehicle registration; a phone bill; a bank statement; and a tax return, all pointing to Kings County. In Johnson v. Gioia, decided on March 29, 2007, the Second Department found a fact question and remanded for a hearing to determine if plaintiff did indeed live in Kings when the action was commenced.