Opinion
March 3, 1998
Appeal from the Supreme Court, New York County (Louise Gruner Gans, J.).
Defendant's motion to change venue was not timely made within 15 days after service of its answer with a demand for a change of venue, and thus the motion was addressed to the court's discretion ( see, Gousgounis v. Bravor Plumbing Heating Co., 155 A.D.2d 269, 270). Nor did plaintiff's initial choice of an improper county preclude the court from entertaining his cross motion for a change of venue to Kings County as a matter of discretion ( see, Berberich v. York Scaffold Equip. Corp., 177 A.D.2d 451, 451-452). The court properly exercised its discretion on both motions in consideration of the convenience of plaintiff's three treating physicians with offices in Kings County ( see, Schneeweiss v. Pelkey, 138 A.D.2d 271).
Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.