Opinion
Submitted August 17, 1999
October 12, 1999
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Feuerstein, J.).
ORDERED that the order is affirmed, with costs.
It is undisputed that none of the parties resided in Bronx County at the time of the commencement of the action. Therefore, the plaintiffs' choice of venue was improper, and accordingly, they forfeited their right to select the venue of the action ( see, Cottone v. Real Estate Indus., 246 A.D.2d 572; Papadakis v. Command Bus Co., 91 A.D.2d 657). The defendants' motion to change the venue to Nassau County, in which both plaintiffs resided at the time of the commencement of the action, was properly granted ( see, Cottone v. Real Estate Indus., supra).
Contrary to the plaintiffs' contention, there is no evidence in the record that the parties agreed to fix Bronx County as the place of trial pursuant to CPLR 501.
The plaintiffs' remaining contentions are without merit.
MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.