FRANGOS v. TOWN OF NIAGARA


307 A.D.2d 727 (2003)

762 N.Y.S.2d 330

DEAN FRANGOS, with Power of Attorney by CAROL FRANGOS, et al., Appellants, v. TOWN OF NIAGARA, Respondent.

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

Decided July 3, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed in the exercise of discretion, without costs, the motion is denied and the cross motion is granted.

Memorandum:

Plaintiffs appeal from an order granting defendant's motion seeking a discretionary change of venue to Niagara County and denying plaintiffs' cross motion to retain venue in Erie County. Defendant never moved to change venue as a matter of right (...

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