Opinion
September 27, 1993
Appeal from the Supreme Court, Suffolk County (Baisley, J.).
Ordered that the appeal from the order dated September 18, 1991, is dismissed; and it is further,
Ordered that the order entered March 27, 1991 is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The plaintiff was a resident of Bronx County and thus had the legal right to designate that county as the place for the trial of this action (see, CPLR 503 [b]; McNamara v Penner, 123 N.Y.S.2d 576). The Supreme Court therefore correctly denied so much of the appellant's original motion as was based on a claim that the county designated by the plaintiff was not proper (see, CPLR 510). We also agree with the Supreme Court that the appellant failed to satisfy his burden of showing that the convenience of the witnesses warranted a change of venue from Bronx County to Suffolk County (see, CPLR 510; see, e.g., Ryan v Genovese Pharmacy, 184 A.D.2d 628; Levenstein v Parks, 163 A.D.2d 367; Alexandre v Pepsi-Cola Bottling Co., 150 A.D.2d 742; McLaughlin, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C510:3). The appellant's motion, purportedly to renew, was not based on facts which were unavailable to him at the time of his original motion. Therefore, that motion was in actuality a motion for reargument. Therefore, the order denying that motion is not appealable (see, e.g., Incorporated Vil. of Freeport v Sanders, 192 A.D.2d 508). Bracken, J.P., Sullivan, Copertino and Pizzuto, JJ., concur.