Opinion
September 30, 1993
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
Third-party defendant's failure to move in timely fashion under CPLR 511 (b) for a change of venue as of right did not preclude it from seeking a discretionary change of venue under CPLR 510 (2) or (3). (See, Ortiz v Broadway Mgt. Co., 188 A.D.2d 401, 402.) The action, while properly commenced in Bronx County pursuant to CPLR 503 (a) in that none of the original parties were residents of the State, bears absolutely no relationship to that county as would justify it being tried there (see, Alzugaray v New York Tel. Co., 104 A.D.2d 776). A change of venue in this transitory action to Rockland County, where the accident occurred and where any witnesses would be located, is clearly appropriate (supra; see also, Samuels v Ramada, Inc., 190 A.D.2d 636).
Concur — Murphy, P.J., Sullivan, Kupferman and Nardelli, JJ.