Opinion
June 2, 1997
Appeal from the Supreme Court, Kings County (Rappaport, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
To change venue as a matter of right on the ground that the county designated was not proper (see, CPLR 510), a defendant is required to serve a demand for change of place of trial pursuant to CPLR 511 (a). The appellants failed to comply with this requirement. Although that branch of their motion could have been granted in the court's discretion (see, Aureliano v. Hunt-Wesson Foods, 124 A.D.2d 691), under the circumstances here, the Supreme Court did not improvidently exercise its discretion in denying that branch of the motion.
In addition, the Supreme Court did not improvidently exercise its discretion in denying that branch of the appellants' motion which was to change venue based on the convenience of material witnesses (see, CPLR 510; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169).
Miller, J.P., Thompson, Joy and Luciano, JJ., concur.