Under CPLR 502 when there is a conflict as to proper venue due to joinder, the court shall select a venue which is proper to at least one of the parties.

• A. A venue proper to the plaintiff only
• B. A venue proper to the defendant only
• C. The court's home venue
• D. A venue proper to at least one of the parties

Answer: (D)

When there’s joinder that creates competing proper venues, the court must pick a place that is proper for at least one party. This rule keeps the case moving by allowing a forum where there is valid venue for at least one side, rather than forcing everyone into a venue that isn’t proper for anyone or insisting on the court’s home location regardless of the parties’ circumstances. The idea is closest to common-sense fairness: if at least one party could properly be sued or defended in a certain county, that county is an acceptable venue for the case. This avoids dismissal or forced transfer simply because multiple parties bring different venue options into play.