Ellis v. Wirshba

In Ellis v. Wirshba (18 AD3d 805, 806, 796 N.Y.S.2d 388 [2d Dept 2005]), the defendants demonstrated that all of the parties resided in Westchester County. However, the Second Department held that the "plaintiffs' affidavits and the annexed copies of the sublease and contract for the sale of a cooperative apartment, utility bill, stock certificate, and liability insurance sufficiently established the plaintiffs' bona fide intent to retain New York County as their residence with some degree of permanency at the time of the commencement of the action" (id.)