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AMERICAN BLDRS. & CONTRS. SUPPLY CO., INC. v. CAPITALAND HOME IMPROVEMENT SHOWROOM, LLC

2014-09884

128 A.D.3d 870 (2015)

11 N.Y.S.3d 80

2015 NY Slip Op 04262

AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC., Doing Business as ABC SUPPLY CO., on Behalf of Themselves and All Others Similarly Situated, Respondent, v. CAPITALAND HOME IMPROVEMENT SHOWROOM, LLC, et al., Appellants.

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

Decided May 20, 2015.

In an action pursuant to Lien Law § 77 to enforce a trust, the defendants appeal from an order of the Supreme Court, Nassau County (Bucaria, J.), entered August 6, 2014, which denied their motion pursuant to CPLR 510 (1) to change the venue of the action from Nassau County to Saratoga County.

Ordered that the order is reversed, on the law, with costs, the motion to change the venue of the action from Nassau County to Saratoga County is granted, and the Clerk...

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