Iassinski v. Vassiliev

In Iassinski v. Vassiliev, 220 AD2d 372, 373-374, 633 N.Y.S.2d 281 [1st Dept 1995], the plaintiffs commenced a personal injury action on or about November 9, 1992, electing New York County as the venue based on their alleged residence there. Plaintiffs had moved by the time they served their Bill of Particulars on March 22, 1993, four months later. After the defendants' moved to change venue to Queens County, the plaintiffs "confirmed that their residence had since changed to Queens, but averred that at the time of the commencement of the action they resided in New York County" (Iassinski at 372). In reversing the trial court, the First Department held, inter alia, that "a subsequent change of residence to another county does not invalidate the original designation based upon plaintiffs' residence at the time of the commencement of the action" (id. at 374).