Opinion
March 21, 1994
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the order is reversed, with costs, the motion is granted, and the cross motion is denied; and it is further,
Ordered that the Clerk of the Supreme Court, Kings County, is directed to transfer the file of the action to the Clerk of the Supreme Court, Suffolk County.
Because, as the plaintiffs have correctly conceded, their choice of venue in the first instance was improper, they forfeited their right to select the place of venue (see, Cenziper v. Gross, 175 A.D.2d 226; Papadakis v. Command Bus Co., 91 A.D.2d 657; Siegel, N.Y. Prac § 123, at 189 [2d ed]; 2 Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 511.04). Accordingly, the Supreme Court erred in granting the plaintiffs' cross motion and denying the motion of the defendant, which is a corporation, to transfer the venue of the action to Suffolk County, where its principal office is located (see, CPLR 503 [c]). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.