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COUNTY OF NASSAU v. EXPEDIA, INC.

2017-05276, 2017-05285, 2017-06486. Index No. 13818/11.

189 A.D.3d 1346 (2020)

139 N.Y.S.3d 297

2020 NY Slip Op 07858

County of Nassau et al., Appellant, and Chautauqua County et al., Intervenors-Plaintiffs-Appellants, v. Expedia, Inc., et al., Respondents.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Jared A. Kasschau , County Attorney, Mineola, NY, for plaintiff-appellant, and Zwerling, Schachter & Zwerling, LLP, New York, NY ( Robert S. Schachter , Dan Drachler , Sona R. Shah , and Ana M. Cabassa of counsel), for plaintiff-appellant and intervenor plaintiffs-appellants (one brief filed).

Rivkin Radler LLP, Uniondale, NY ( William M. Savino , Cheryl F. Korman , and Scott R. Wiehle , pro hac vice, of counsel), for respondents Travelocity.com, LP, Site 59.com, LLC, Priceline.com, Incorporated, LowestFare.com, LLC, and TravelWeb, LLC, and

Jones Day, New York, NY ( Todd R. Geremia of counsel), for respondents Expedia, Inc., Hotels.com, L.P., Hotels.com GP, LLC, Hotwire, Inc., Travelnow.com, Inc., Trip Network, Inc., Internetwork Publishing Corp., Orbitz Worldwide, Inc., Orbitz, LLC, and Travelport, Inc. (one brief filed).

Scheinkman, P.J., Dillon, LaSalle and Christopher, JJ., concur.

Ordered that the appeals from the orders are dismissed; and it is further,

Ordered that the order and judgment is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendants.

The underlying circumstances giving rise to this action, in which the plaintiff, County of Nassau, seeks, among other things, to enforce its local hotel tax ordinance against the online "facilitation" or "service" fees charged...

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