Dionisio DelVALLE, respondent, v. BALDOR ELECTRIC COMPANY (1999)

In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (G. Aronin, J.), dated October 2, 1998, as granted the plaintiff's motion to change the venue of the action from Kings County to Bronx County.

ORDERED that the order is affirmed insofar as appealed from, with costs.

 The plaintiff chose Kings County as the place of trial.   However, since none of the parties resided in that county at the time of the commencement of the action, the plaintiff's choice of venue was improper and he forfeited his right to select venue (see, Llorca v. Manzo, 254 A.D.2d 396, 679 N.Y.S.2d 83;  Santarpia v. First Fid. Leasing Group, 254 A.D.2d 407, 678 N.Y.S.2d 910).   Nevertheless, this did not preclude the Supreme Court from entertaining the plaintiff's motion to change the venue of the action as a matter of discretion (see, Carrasco v. Cablevision Sys. Corp., 248 A.D.2d 122, 669 N.Y.S.2d 808;  Berberich v. York Scaffold Equip. Corp., 177 A.D.2d 451, 576 N.Y.S.2d 547).

Since the plaintiff resides in Bronx County, the Supreme Court properly exercised its discretion by transferring venue to Bronx County (see, CPLR 503[a] ).

MEMORANDUM BY THE COURT.