Opinion
June 5, 1986
Appeal from the Supreme Court, Bronx County (Irma V. Santaella, J.).
The plaintiff was treated by the defendant physician at a hospital in The Bronx and subsequent visits were at the Bronx office of the defendant.
In granting the motion to change venue to Westchester County from Bronx County, where the action was commenced, the court bottomed its determination on the basis that neither party resided in Bronx County, the plaintiffs-appellants residing in Pelham Manor and the defendant-respondent physician residing in Scarsdale. However, all of the activities involved took place in Bronx County and, accordingly, the plaintiffs' choice of Bronx County for the litigation is proper for such a transitory action. (See, Mayer v. Fleischner, 92 A.D.2d 463.)
Concur — Kupferman, J.P., Fein, Lynch, Milonas and Ellerin, JJ.