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  5. 143 A.D.2d 819 (1988)
 

McADOO v. LEVINSON

143 A.D.2d 819 (1988)

William McAdoo, Appellant, v. Elias Levinson et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants. Town of Rochester, Third-Party Defendant-Respondent

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

October 17, 1988

Ordered that the order is affirmed, with one bill of costs.

The joinder of the Town of Rochester as a third-party defendant resulted in a conflict between the venue provisions of CPLR 503 (a) and 504 (2). Despite the apparent mandatory tone of CPLR 504 (2) which requires that an action against a town be brought in the county where the town is situated, CPLR 504 does not preclude consideration of the discretionary grounds for the change or retention of venue set forth...

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