Action Venue Even Though After Buying a House In Another County
In Blake v. Massachusetts Mut. Life Ins. Co., 22 AD3d 230, 231, 803 N.Y.S.2d 8 [1st Dept 2005]), the plaintiffs took title to a house in Westchester County on July 20, 1999, while still residing in Bronx County.
Then, on August 11, 1999, the plaintiffs commenced an action, basing venue on Bronx County, where they had lived for years.
In affirming the Supreme Court's denial to change venue to Westchester County, the First Department stated:
"There is no dispute that plaintiffs continued to live only in the Bronx apartment while their new house was being painted, repaired and furnished, and did not move until the end of August" (id.).
The First Department went on to reject "defendants' argument that because plaintiffs did not intend to remain in the Bronx apartment for some length of time or with some degree of permanency at the time of the commencement of the action, Bronx County is not a proper venue" (id.).
The Court held: "Absent evidence that plaintiffs continued to live in the Bronx apartment until after the commencement of the action for the sole purpose of obtaining an advantageous venue, no basis exists to disturb the motion court's finding, made after a hearing, that plaintiffs were bona fide Bronx County residents at the commencement of the action" (id.).