Goercke v. Kyun

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered January 20, 2000, which denied defendant Kyun’s motion to change venue from New York County to Westchester County and granted plaintiffs cross motion to retain venue in New York County, unanimously affirmed, without costs.

When plaintiff chose an improper venue, she forfeited her right to select venue initially (see, Berberich v York Scaffold Equip. Corp., 177 AD2d 451) and, in the absence of plaintiffs cross motion, defendant Kyun would have been entitled to change venue to Westchester County, where plaintiff resides (see,…