N.Y. New York City Civil Court Act § 306: Change of venue; procedure

§ 306. Change of venue; procedure. The bringing of an action or

proceeding in the wrong county shall not be deemed a jurisdictional

defect, but the court may of its own motion and must on the motion of a

party defendant transfer the action or proceeding to a proper county.

The motion by the defendant for such relief must be made in writing and

on notice and must be filed with the clerk before or at joinder of

issue. It must specify the county to which the defendant desires the

action or proceeding to be transferred and must state under oath facts

showing that ground exists for such transfer. In the absence of timely

motion by the defendant, he shall be deemed to have waived any objection

relating to proper venue, except in the case of a real property action.

The transfer of a real property action from an improper to the proper

county may be had at any time by motion or otherwise.