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PEZZUTI v. VINING

44 A.D.2d 651 (1974)

Anthony L. Pezzuti et al., Respondents, v. Donald C. Vining et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 4, 1974

Order unanimously reversed, with costs, appellants' motion granted and venue changed to Broome County.

Memorandum:

The respondents inadvertently placed venue of this action in Tompkins County where none of the parties reside. Pursuant to CPLR 510 (subd. 1) and CPLR 511, the appellants demanded that venue be removed to Broome County, where all of the parties reside. The respondents then moved for a change of venue to Cayuga County, the county where real property...

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