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PERETZMAN v. ELIAS

221 A.D.2d 192 (1995)

633 N.Y.S.2d 164

Lee Peretzman et al., Appellants, v. David Elias, Respondent

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

November 9, 1995

Pursuant to CPLR 503 (a), the place of trial shall be in the county in which one of the parties resided when the action commenced (Berberich v York Scaffold Equip. Corp., 177 A.D.2d 451). Here, there is no question that New York County is not a proper county since none of the parties resided therein at the time of the commencement of the action.

"While a defendant who seeks a change of venue based upon an improper designation...

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