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ZELAZNY FAMILY v. SHELBY

871 CA 19-00028.

180 A.D.3d 45 (2019)

2019 NY Slip Op 09124

In the Matter of ZELAZNY FAMILY ENTERPRISES, LLC, et al., Appellants, et al., Petitioners-Plaintiffs, v. TOWN OF SHELBY et al., Respondents.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

Alario & Fischer, P.C., East Syracuse ( Laurel J. Eveleigh of counsel), for appellants.

Hodgson Russ LLP, Buffalo ( Charles W. Malcomb of counsel), for respondents.

WHALEN, P.J., PERADOTTO, LINDLEY and NEMOYER, JJ., concur.

OPINION OF THE COURT

The primary issue raised on this appeal involves the interplay between three statutory provisions concerning venue, i.e., CPLR 504(2); 506(b), and Town Law § 66(1) and, ultimately, whether Supreme Court properly granted the motion of respondents-defendants (respondents) to transfer venue of this hybrid...

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