Geraghty v. CIGNA Property & Casualty Insurance

In an action pursuant to Insurance Law § 3420 (a) (2) to recover an unpaid judgment, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Floyd, J.), dated February 14, 1994, which granted the defendant’s motion to change venue from Suffolk County to Erie County.

Ordered that the order is affirmed, with costs.

Pursuant to CPLR 503 (a), the venue of an action is proper in a county in which any of the parties resided at the time of commencement. Because the plaintiffs’ choice of venue in the first instance was improper, they forfeited their choice of venue (see, Quack v…