Pitegoff v. Lucia

Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered March 17, 1983 in Ulster County, which denied defendant’s motion for a change of venue. This breach of contract action was commenced by plaintiff in Ulster County. After issue was joined, defendant moved to change the venue of the action to Orange County, the county of his residence. Where, as here, an application has been made as of right to change the place of trial to a proper county on the ground of nonresidency of the plaintiff (CPLR 503, subd [a]), the court to which such application has been made has the…