In Philogene v. Fuller Auto Leasing, 167 AD2d 178 (1st Dept. 1990) the court granted defendants motion to change venue after defendant discovered that plaintiff did not reside in the county where the action was venued. When the case was venued with the filing of the summons and complaint, the plaintiff represented, within the complaint that he resided in New York County. Id. However, at his deposition plaintiff testified that he had been residing in Richmond County when the action was commenced. Id. Thus, in Philogene, the Court held that simply representing an incorrect residence within a complaint constituted wilful misrepresentation. Id.