Opinion
December 23, 1991
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the order is reversed, with costs, the motion is granted, and the Clerk of the Supreme Court, New York County, is directed to deliver to the Clerk of the Supreme Court, Westchester County, all papers filed in the action and certified copies of all minutes and entries (CPLR 511 [d]).
The plaintiffs who are Alabama residents improperly designated venue of the instant action in New York County, thereby forfeiting their right to designate venue (see, Scott v Otis Elevator Co., 160 A.D.2d 519). Thereafter, the defendant Otis Elevator Company moved to change venue to Westchester County, where its principal place of business in New York is located according to its certificate of doing business filed with the Secretary of State (see, Papadakis v Command Bus Co., 91 A.D.2d 657; Kochany v Chrysler Corp., 67 A.D.2d 637; 2 Weinstein-Korn-Miller, N Y Civ Prac ¶ 503.05). Thus, the Supreme Court should have granted the motion (see, CPLR 503 [c]; 510, 511; Shavaknbeyn v Starrett City, 161 A.D.2d 626; Scott v Otis Elevator Co., 160 A.D.2d 519, supra; Davis Aircraft Prods. Co. v Bankers Trust Co., 32 A.D.2d 832, 833). Mangano, P.J., Lawrence, Rosenblatt and Copertino, JJ., concur.