Opinion
October 26, 1987
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the appeal from the order entered June 30, 1986 is dismissed, as that order was superseded by the order entered September 26, 1986, made upon reargument; and it is further,
Ordered that the order entered September 26, 1986 is affirmed insofar as reviewed; and it is further,
Ordered that the defendants are awarded one bill of costs.
Absent a clear abuse of discretion, a determination to grant a change of venue pursuant to CPLR 510 (3) will not be disturbed on appeal (see, Resnick v. Karmax Camp Corp., 112 A.D.2d 206). In a transitory action such as this, all other things being equal, the action should be tried in the county where the cause of action arose (see, Thomas v. Small, 121 A.D.2d 622), and, under all of the circumstances, the court did not abuse its discretion in finding that the interests of justice would be promoted by changing the venue of the action to Suffolk County. Mangano, J.P., Brown, Weinstein and Kunzeman, JJ., concur.
Lawrence, J., concurs on constraint of Thomas v. Small ( 121 A.D.2d 622).