Opinion
7285N.
February 7, 2006.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 20, 2004, which denied defendants' motion for a change of venue from New York County to Suffolk County, unanimously reversed, on the law, without costs, and the motion granted.
Furey, Furey, Leverage, Manzione, Williams Darlington, P.C., Hempstead (Valerie Froehlich of counsel), for appellants.
DiJoseph Portegello, P.C., New York (Arnold E. DiJoseph, III of counsel), for respondent.
Before: Buckley, P.J., Andrias, Saxe, Nardelli and Malone, JJ., concur.
The motion was brought within a reasonable time after commencement of the action (CPLR 511 [a]; cf. Jacobo v. A.H.A. Gen. Constr., 220 AD2d 300), and should have been granted in view of the parties' written agreement clearly fixing the place of trial in Suffolk County (CPLR 501; see Buhler v. French Woods Festival of Performing Arts, 154 AD2d 303, 305).
Plaintiff's claim that the contract, including the venue provision, is unenforceable is not supported by the record, and we reject it.