On November 4, 2022, Justice Cohen of the New York County Commercial Division issued a decision in SAMCOM 48 (DE) LLC v. Ke Huang Shi, 2022 NY Slip Op. 33760(U), holding that a court cannot sua sponte dismiss an action based on improper venue, explaining:
Prior to and during oral argument, the Court raised the question whether venue is appropriate in New York County, given that the matter affects title to real property in Queens County. After oral argument, Plaintiffs submitted a letter citing authority for maintaining venue in New York County as well as for the proposition that the court has no authority to sua sponte change venue. The Court is persuaded by the latter point. CPLR 509 provides that notwithstanding any provision of this article, the place of trial of an action shall be in the county designated by the plaintiff, unless the place of trial is changed to another county by order upon motion, or by consent as provided in subdivision (b) of rule 511. Here, no party has moved to change venue.