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CHITAYAT v. PRINCETON RESTORATION CORP.

289 A.D.2d 102 (2001)

735 N.Y.S.2d 24

DEANNA CHITAYAT et al., Appellants, v. PRINCETON RESTORATION CORP. et al., Defendants, HUNTINGTON PUBLIC LIBRARY et al., Respondents.

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

Decided December 13, 2001.

In this action involving an accident that took place in the Town of Huntington in Suffolk County, plaintiffs, residents of New York County, failed to overcome the statutory presumption that an action against a town "shall" be in the county in which the town is situated (CPLR 504 [2]) by carrying their burden of demonstrating "`compelling countervailing circumstances'" (Ruiz v City of New York, 195 A.D.2d...

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