Morreale v. 105 Page Homeowners Ass 'n, Inc

In Morreale v. 105 Page Homeowners Ass 'n, Inc. (64 AD3d 689, 690, 884 N.Y.S.2d 93 [2d Dept 2009]), the evidence "revealed that on or about December 31, 2005, which was just over one year after the subject accident, the plaintiff moved to her son's apartment in Brooklyn from her house in Staten Island after a 'diabetic episode,' that in March or April 2006, she entered into a contract to purchase a house in New Jersey, that on August 8, 2006, three days after commencing this action, she 'took over' her new house in New Jersey, and moved into it in November 2006." The Second Department determined that the plaintiff was temporarily staying in a Brooklyn apartment without "the bona fide intent to retain the place as a residence for some length of time and with some degree of permanency" when she commenced her action. Therefore, the motion to change venue from Kings County to Richmond County, where the defendants resided, should have been granted, the Court held.