LANDA v. POLONCARZ

2020-03900. Index No. 615964/19.

215 A.D.3d 739 (2023)

187 N.Y.S.3d 283

2023 NY Slip Op 01891

Judith Landa et al., Appellants, v. Mark Poloncarz et al., Respondents. Mark Poloncarz, in His Official Capacity as Erie County Executive, Proposed Intervenor-Respondent.

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

Decided April 12, 2023.


Attorney(s) appearing for the Case

Zeichner Ellman & Krause, LLP, New York, NY ( J. David Morrissy of counsel), for appellants.

Hurwitz & Fine, P.C., Buffalo, NY ( Joseph S. Brown of counsel), for defendants-respondents, and Hodgson Russ, LLP, Buffalo, NY ( Ryan K. Cummings of counsel), for proposed intervenor-respondent (one brief filed).

Barros, J.P., Rivera, Genovesi and Voutsinas, JJ., concur.


In an action, inter alia, to recover damages for defamation, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), dated May 4, 2020. The order granted the motion of Mark Poloncarz, in his official capacity as Erie County Executive, for leave to intervene in the action and to change venue of the action from Nassau County to Erie County, and, in effect, granted the separate motion of the defendants...

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