Opinion
October 16, 1995
Appeal from the Supreme Court, Nassau County (Goldstein, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court did not err in concluding that the plaintiff could not properly change the venue of his Nassau County action by the simple expedient of serving on the defendants an amended complaint pursuant to CPLR 3025 (a), designating Kings County as the place of trial. CPLR 510 provides that a court may change the venue of an action only "upon motion." Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.