Opinion
February 1, 1999
Appeal from the Supreme Court, Kings County (Rappaport, J.).
Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the motion is denied, and the Clerk of the Supreme Court, Nassau County, is directed to transfer the file in the action to the Clerk of the Supreme Court, Kings County.
To change venue as a matter of right on the ground that the county designated was not proper ( see, CPLR 510 N.Y.C.P.L.R. [1]), a defendant is required to serve a demand for a change of place of trial pursuant to CPLR 511 N.Y.C.P.L.R. (a). The defendants failed to comply with this requirement. In addition, under the circumstances of this case, the defendants were not entitled to a change of venue as a matter of discretion either on this ground ( cf, Redelick v. Williford, 240 A.D.2d 388; Aureliano v. Hunt-Wesson Foods, 124 A.D.2d 691), or based on the convenience of material witnesses ( see, CPLR 510; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169).
Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.