Opinion
April 8, 1996
Appeal from the Supreme Court, Queens County (Lane, J.).
Ordered that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly granted the defendants' motion to change venue. CPLR 503 (a) provides, as a general rule, that "the place of trial shall be in the county in which one of the parties resided when [the action] was commenced". Here, however, the record reveals that none of the parties resided in Queens County at the commencement of the action, and thus the plaintiff's choice of venue was improper. Accordingly, the plaintiff forfeited his right to select the place of venue ( see, Tomasulo v. Berland, 217 A.D.2d 655; Kirschner v. Cusa, 211 A.D.2d 665; Quach v. Waldbaums, Inc., 202 A.D.2d 562). Miller, J.P., Joy, Hart and Krausman, JJ., concur.