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LINDA KEY-KANUTEH, Plaintiff-Appellant, v. DIHERN KENIA, Defendant-Respondent.

Defendant's motion to change venue, as of right, from Bronx County to Westchester County, where defendant resides, was properly granted. The police accident report showed plaintiff as having a Westchester County address and plaintiff, in opposition to defendant's timely motion, failed to offer any documentary evidence to support her conclusory claim that she was a Bronx resident at the time she commenced her personal injury action (see, Buziashhvili v. Ryan, 264 A.D.2d 797; Gladstone v. Syverston, 186 A.D.2d 400; Martinez v. Semicevic, 178 A.D.2d 228). Her total claimed period of residence in the Bronx was 3½ months, with the filing of the action occurring about half-way into that period.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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KEY-KANUTEH v. KENIA
(Nov 1, 2001)