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VILLAGE OF MALONE v. STONE MTN. PRIME, LLC

535254.

217 A.D.3d 1219 (2023)

191 N.Y.S.3d 815

2023 NY Slip Op 03387

Village of Malone, Respondent, v. Stone Mountain Prime, LLC, et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided June 22, 2023.

Attorney(s) appearing for the Case

Stafford, Owens, Piller, Murnane, Kelleher & Trombley, PLLC, Plattsburgh (Margaret E. McGannon of counsel), for appellants.

FitzGerald Morris Baker Firth, PC, Glens Falls (Michael Crowe of counsel), for respondent.

Egan Jr., J.P., Lynch, Clark and Ceresia, JJ., concur.

Appeal from an order of the Supreme Court (John T. Ellis, J.), entered April 3, 2022, in Franklin County, which denied certain defendants' motion to change venue.

The underlying facts are fully set forth in a prior decision of this Court (204 A.D.3d 1148 [3d Dept 2022]). As is relevant to this appeal, plaintiff commenced this...

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