Opinion
November 10, 1987
Appeal from the Supreme Court, Erie County, Ostrowski, J.
Present — Dillon, P.J., Denman, Balio, Lawton and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Third-party defendant's motion for a change of venue was properly denied. The sole ground for this motion was that the action was not properly brought in Kings County (CPLR 510). Venue was properly laid in Kings County as it is plaintiff's residence (CPLR 503, 509). We do not consider third-party defendant's claim, made for the first time on appeal, that venue should be changed to Erie County for the convenience of material witnesses and to promote the ends of justice (see, CPLR 510; Pietropaoli Trucking v. Nationwide Mut. Ins. Co., 100 A.D.2d 680, 681). Further, a motion on these grounds must be brought in the county where venue is laid or as authorized by CPLR 2212 (a) (2 Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 510.10).