Opinion
October 1, 1993
Appeal from the Supreme Court, Erie County, Wolf, Jr., J.
Present — Denman, P.J., Balio, Lawton, Doerr and Boehm, JJ.
Order unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court erred in sua sponte changing venue to a forum neither designated nor requested by either party (see, Agway, Inc. v. Kervin, 188 A.D.2d 1076; Sellars v. Tubbs, 171 A.D.2d 1025; Nixon v. Federated Dept. Stores, 170 A.D.2d 659, 660; Kelson v. Nedicks Stores, 104 A.D.2d 315, 316). In support of his motion to change venue to Monroe County, defendant presented evidence to demonstrate that the causes of action arose in Monroe County and that most of the material witnesses reside in Monroe County (CPLR 510). Because plaintiff submitted no evidence in opposition to defendant's motion, Supreme Court should have granted the motion.