This breach of contract action was commenced by plaintiff in Ulster County. After issue was joined, defendant moved to change the venue of the action to Orange County, the county of his residence. Where, as here, an application has been made as of right to change the place of trial to a proper county on the ground of nonresidency of the plaintiff (CPLR 503, subd [a]), the court to which such application has been made has the power to grant a cross motion to retain the venue...
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