In Simpson v. Sears, Roebuck and Co., 212 AD2d 473 (1st Dept. 1995) the Court found that plaintiff's choice to set venue based on the situs of the alleged accident was improper. The court held that venue in transitory actions was governed by CPLR 503 (a), fixing venue based on residence. Id. The court deemed plaintiff's choice of venue to be improper and after determining that defendant complied with the statute and that plaintiff's choice of venue was improper, changed venue to the proper county. Id.