Majority
p. 921John Schober, as Administrator, etc., of John Schober, Jr., Deceased, Appellant, v. Fifth Avenue Coach Company, Respondent.
Order reversed, with ten dollars costs and disbursements, on the ground that the trial justice had no power on his own motion to change the venue after a motion for the same relief had been denied at Special Term. (See, 'also, Phillips v. Tietjen, 108 App. Div. 9 ; 95 N. Y. Supp. 469 .) Hirschberg, P. J., Bartlett, Woodward, Jenks and Rich, JJ., concurred.
Cases cited
- Phillips v. Tietjen 108 App. Div. 9 p. 921