| Vaccaro v Mercedes-Benz USA |
| 2023 NY Slip Op 06603 [222 AD3d 567] |
| December 21, 2023 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Joseph Vaccaro, Respondent, v Mercedes-Benz USA, Appellant, et al., Defendants. |
Goldberg Segalla, LLP, Buffalo (Meghan M. Brown of counsel), for appellant.
Saracino Morris Law Group PLLC, Harrison (Gregory Saracino and Peter Morris of counsel), for respondent.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about March 22, 2023, which denied defendant Mercedes-Benz USA's motion to change venue, unanimously affirmed, without costs.
Defendant met its threshold burden of raising an issue as to plaintiff's residence by annexing documents indicating that plaintiff was a Connecticut resident (see Hernandez v Seminatore, 48 AD3d 260, 260 [1st Dept 2008]; CPLR 510 [1]). In opposition, plaintiff, through his detailed affidavit and corroborating documents, sufficiently established his bona fide residency in Bronx County with some degree of permanency (see Ramirez v Santarpia, 268 AD2d 257, 257 [1st Dept 2000]).
We have considered defendant's remaining arguments and find them unavailing. Concur—Manzanet-Daniels, J.P., González, Scarpulla, Mendez, Higgitt, JJ.