Page 22 - WCBA CLE 6-14-2022
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Court concluded that Suffolk County was a proper venue as the defendant was a
resident there and the defendant appealed. This Court concluded that the parties’
seasonal use of the Southampton house on weekends prior to March 2020 did not
make them residents of Suffolk County nor did the defendant’s retreat to the house at
the outset of the pandemic. The defendant established that the parties primary
residence was New York County as she submitted, inter alia, income tax returns, voter
registrations, driver licences, motor vehicle records, insurance documents and bank
statement regarding the Manhattan apartment.
Under the circumstances of this case, the defendant’s retreat to the Southampton
house in March 2020 was intended to be temporary and did not make the defendant or
the plaintiff a resident of Suffolk County for the purposes of venue.
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