Wednesday, September 10, 2014

Residence and domicile, as they relate to venue.

Practice point:  Pursuant to CPLR 503(a), "the place of trial shall be in the county in which one of the parties resided when it was commenced." For venue purposes, a residence is where a party stays for some time with a bona fide intent to retain the place as a residence for some length of time and with some degree of permanency.  While residence means living in a particular place, domicile means living in that locality with intent to make it a fixed and permanent home..

Student note: In the context of determining proper venue, a party may have more than one residence

Case:  Deas v. Ahmed, NY Slip Op 05945 (2d Dept. 2014)

Here is the decision.

Tomorrow's issue: Documents in the electronic record in a medical malpractice action.