Appellate Division of the Supreme Court of New York, 1993

Burrus v. New York Military Academy

Burrus v. New York Military Academy
Appellate Division of the Supreme Court of New York · Decided November 16, 1993
198 A.D.2d 110; 605 N.Y.S.2d 842
Burrus v. New York Military Academy

Opinion of the Court

—Order, Supreme Court, Bronx County (Anita Florio, J.), entered August 13, 1993, which denied defendant’s motion to change venue, without prejudice to renewal upon a copy of the court order determining custody of the infant plaintiff, unanimously affirmed, without costs.

Inasmuch as a party can have more than one residence for venue purposes (CPLR 503 [a]), we agree with the IAS Court that the record is inconclusive on the question of the infant plaintiff’s residence, and that a copy of the court order that awarded custody of her might serve to resolve the issue. Concur — Carro, J. P., Rosenberger, Kassal and Rubin, JJ.

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