Caracaus v. Conifer Cent. Sq. Assoc. , 2017 NY Slip Op 8947 ( 2017 )

Caracaus v Conifer Cent. Sq. Assoc. (2017 NY Slip Op 08947)

Caracaus v Conifer Cent. Sq. Assoc.

2017 NY Slip Op 08947

Decided on December 22, 2017

Appellate Division, Fourth Department

NeMoyer, J.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 22, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

1120 CA 17-00135

[*1]EUNICE M. CARACAUS, PLAINTIFF-RESPONDENT,

v

CONIFER CENTRAL SQUARE ASSOCIATES, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

WALTER D. KOGUT, P.C., FAYETTEVILLE (WALTER D. KOGUT OF COUNSEL), FOR DEFENDANT-APPELLANT.

LEGAL SERVICES OF CNY, INC., SYRACUSE (ERIC TOHTZ OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

NeMoyer

Appeal from an order of the Oswego County Court (Donald E. Todd, J.), entered January 10, 2017. The order denied the motion of defendant to transfer the action to Central Square Village Court.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same Opinion by NeMoyer, J., as in Caracaus v Conifer Cent. Sq. Assoc. ([appeal No. 1] ___ AD3d ___ [Dec. 22, 2017]).

Entered: December 22, 2017

Mark W. Bennett

Clerk of the Court