Katz v. Siroty

In Katz v. Siroty (62 AD2d 1011, 403 N.Y.S.2d 770 [2d Dept 1978]), the defendant appealed an order denying his motion to change the venue of the action from Kings County to Westchester County. The plaintiff had maintained a home in Westchester County for 20 years, his two children attended public school in Scarsdale, he was a registered voter in Scarsdale, and he filed income tax returns as a resident of Scarsdale. He also claimed "exclusive use" of a bedroom in his sister's and brother-in-law's home in Kings County. In reversing the trial court and determining that the Kings County venue did not constitute a residence, the Second Department held that the plaintiff's "occasional use of the bedroom in his sister and brother-in-law's home . . . does not support his contention that he has a second residence in Brooklyn" (id. at 1012). The Second Department went on to explain: Although a person may have more than one residence for venue purposes (CPLR 503, subd [a]), to consider a place as such, he must stay there for some time and have the bona fide intent to retain the place as a residence for some length of time and with some degree of permanency. Residence requires more stability than a brief sojourn for business, social or recreational activities. The mere fact that plaintiff uses the Brooklyn home of his sister and brother-in-law as a stopover for convenience and to sleep there when in the area on business, does not establish a residence. (Id.)