SAMUEL v. GREEN

ORDERED that the order is affirmed, with costs.

The plaintiffs commenced this action seeking damages for injuries allegedly sustained by the plaintiff Gladys G. Samuel as a result of a motor vehicle accident in Richmond County. After the plaintiffs commenced this action in Kings County, the defendants moved to change the venue of the action to Richmond County . The defendants submitted evidence establishing prima facie that all of the parties reside in Richmond County (see, CPLR 503[a]). The evidence included a police accident report which stated that the injured plaintiff resides in Richmond County.

In opposition, the plaintiffs contended that they have and occupy a residence in Kings County. However, to consider a place as a residence for venue purposes, one must "stay there for some time and have the bona fide intent to retain the place as a residence for some length of time and with some degree of permanency" (Mandelbaum v. Mandelbaum, 151 A.D.2d 727; see, Buziashvili v. Ryan, 264 A.D.2d 797; Siegfried v. Siegfried, 92 A.D.2d 916; Katz v. Siroty, 62 A.D.2d 1011). The evidence submitted by the plaintiffs was insufficient to establish, for the purpose of venue, that the plaintiffs had a second residence in Kings County (cf., Schaefer v. Schwartz, 226 A.D.2d 619; Martinez v. Hudson Armored Car Courier, 201 A.D.2d 359).