Chitayat v. Princeton Restoration Corp.

Order, Supreme Court, New York County (Edward Lehner, J.), entered May 4, 2001, which granted defendant Town of Huntington’s motion for a change of venue to Suffolk County, unanimously affirmed, without costs.

In this action involving an accident that took place in the Town of Huntington in Suffolk County, plaintiffs, residents of New York County, failed to overcome the statutory presumption that an action against a town “shall” be in the county in which the town is situated (CPLR 504 [2]) by carrying their *103burden of demonstrating “ ‘compelling countervailing circumstances’” (Ruiz v City of…