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ADDO v. MELNICK

61 A.D.3d 453 (2009)

877 N.Y.S.2d 261

JANET ADDO, Respondent, v. NEIL MELNICK, M.D., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 9, 2009.

On reargument, the court denied defendants' motion because the alleged malpractice occurred in the Bronx. However, venue is based on the parties' residence (CPLR 503 [a]), not where the cause of action arose (Hitchoff v Air Brook Limousine, Inc., 26 A.D.3d 310 [2006]). The "residence" of a natural person is his or her abode, not office (see Friedman v Law, 60 A.D.2d 832 [1978]), and the...

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