"A written agreement fixing place of trial, made before an action is commenced, shall be enforced upon a motion for change of place of trial." Based on the express statutory language, the enforcement of a contractual venue selection clause may not be raised sua sponte, but must be raised by motion or otherwise settled on consent of the parties.
Allen v. Morningside Acquisition I, LLC, NY Slip Op 03219 (2d Dep't May 18, 2022)
