New York Law (NYLE) Practice Exam

If a non-resident sues a defendant with properties in different counties, how is the defendant's residence for venue determined?

1. Based on the location of the primary residence

2. Limited to the county where the lawsuit is filed

3. Either in the county where the condo is or where the farmhouse is

4. Only in the county where the action was commenced

The correct answer is: Either in the county where the condo is or where the farmhouse is

The determination of a defendant's residence for venue purposes in civil actions, especially when properties are involved, considers the locations of the properties owned by the defendant. In situations where a non-resident sues a defendant who has multiple properties across different counties, venue can be established in any county where the defendant owns property. This means that the plaintiff can choose to bring the lawsuit in any jurisdiction where the defendant has a significant physical presence through their properties, such as a condo in one county or a farmhouse in another. This flexible approach allows for a more practical venue choice given the circumstances of the case, where the physical locations of properties serve as potential venues, facilitating legal proceedings where convenience and relevance are maximized for the parties involved.