Opinion
Submitted October 11, 2000.
November 6, 2000.
In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated February 22, 2000, which granted the defendants' motion to change venue from the Supreme Court, Kings County, to the Supreme Court, New York County.
Mitchell D. Kessler, New York, N.Y., for appellant.
Wallace D. Gossett, Brooklyn, N.Y. (Anita Isola of counsel), for respondents.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, and the Clerk of the Supreme Court, New York County, is directed to deliver to the Clerk of the Supreme Court, Kings County, all papers filed in this action and certified copies of all minutes and entries (see, CPLR 511[d]).
The Supreme Court erred in granting the defendants' motion for a change of venue based on the designation of an improper county (see, CPLR 510). The defendants failed to move to change venue within 15 days as required by CPLR 511(b) (see, Lopez v. Robbins, 269 A.D.2d 364; Korman v. City of New York, 89 A.D.2d 88 8).
The defendants were not entitled to a change of venue pursuant to CPLR 510 (3) as they failed to show that the convenience of nonparty witnesses would be served by the change (see, Cumberbatch v. Gatehouse Motel Rest., 265 A.D.2d 370; Roberto v. M.C. E.D. Beck, 254 A.D.2d 404; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169).