Venue is the geographic location (county in state court or district in federal court) where a lawsuit may be filed. Proper venue is usually determined by statute, and upon the filing of a lawsuit, the defendant may seek to transfer (move) the venue to a proper venue if it believes the plaintiff’s choice of venue is not a proper venue.

In New York, the concept of venue refers to the appropriate county within the state's court system where a lawsuit can be initiated. The New York Civil Practice Law and Rules (CPLR) govern the determination of proper venue. Generally, venue is proper in the county where one of the parties resides, where a substantial part of the events or omissions giving rise to the claim occurred, or where the property that is the subject of the action is situated. If a defendant believes that the plaintiff has chosen an improper venue, they may file a motion to change the venue. The court will then decide whether to grant the motion based on factors such as the convenience of material witnesses and the ends of justice. In federal court, venue is determined by 28 U.S.C. § 1391, which allows a lawsuit to be filed where any defendant resides, where a substantial part of the events or omissions occurred, or where any property involved is located, among other considerations. If the chosen venue is deemed improper, the defendant can seek to transfer the case to a proper venue under 28 U.S.C. § 1404(a) for convenience of parties and witnesses, in the interest of justice.