Hoskins v. Kung

Order unanimously reversed on the law without costs, motion granted in part and cross motion granted in accordance with the following Memorandum: Supreme Court erred in denying the motion of defendant Arnot-Ogden Medical Center (Medical Center) and the cross motion of defendants Kung and Hutsal for a change of venue pursuant to CPLR 511 (b). Plaintiffs commenced this action in Monroe County, where none of the parties resides. That was improper (see, CPLR 503 [a]; Peretzman v Elias, 221 AD2d 192), and plaintiffs thereby forfeited their right to designate *989venue (see, Kirschner v Cusa, 211 AD2d…