Opinion
October 17, 1994
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the order is reversed, on the law and the facts, with costs, the motion is granted, and the Clerk of the Supreme Court, Kings County, is directed to deliver to the Clerk of the Supreme Court, Suffolk County, all papers filed in the action and certified copies of all minutes and entries (CPLR 511 [d]).
The plaintiff, who is a resident of Nassau County, improperly designated venue of the instant action in Kings County, thereby forfeiting her right to designate venue (see, Nixon v. Federated Dept. Stores, 170 A.D.2d 659; Bruder v. Pepsi Cola, 166 A.D.2d 243). Thereafter, the defendant Waldbaum's Inc. moved to change venue to Suffolk County, where its principal place of business is located. Thus, the Supreme Court should have granted the motion (see, CPLR 503 [c]; 510 [1]; 511; Nixon v. Federated Dept. Stores, supra, at 660; Cooper v. Otis El. Co., 178 A.D.2d 575, 576). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.