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MATTER OF NEW VICTORIA AUTO SHOP, INC. v. CURRAN

284 A.D.2d 536 (2001)

727 N.Y.S.2d 328

In the Matter of NEW VICTORIA AUTO SHOP, INC., Appellant, v. WILLIAM CURRAN et al., Respondents.

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

Decided June 25, 2001.

Ordered that the order transferring the proceeding to this Court is vacated, without costs or disbursements, and the proceeding is remitted to the Supreme Court, Nassau County, for a determination of all questions raised.

We agree with the parties' contention that the Supreme Court should have disposed of this matter on the merits, instead of transferring it to this Court (see, Village Law 7-712-c). Thus, the matter is remitted to the Supreme Court, Nassau...

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