Lucarello v. New York Zoological Society

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered May 23,1995, which denied defendants-appellants’ motion to change venue from Bronx County to either Putnam County or New York County, unanimously affirmed, without costs.

Plaintiffs properly commenced the action in Bronx County since one of the defendants, no longer a party, resided there. The IAS Court properly exercised its discretion in declining to transfer the action to New York or Putnam County (see, Callesto v Williams, 107 AD2d 1055), 41/2 years having passed since the commencement of the action and the case ready for…