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Cole v. Rochelle Park Ass'n

159 A.D. 920 Court N.Y. App. Div. English

Contents

Majority

p. 920
Antoinette Cole, Respondent, v. Rochelle Park Association, Appellant.

— Order reversed, with ten dollars costs and disbursements, and motion to change place of trial to Westchester county granted, with ten dollars costs. Where the material witnesses are about equal, the trial should be had in the county in which the cause of action arose, and where the county records may be more readily referred to. {Van Alstine v. Burt, 151 App. Div. 81 ; Beutsch v. Upton Cold Storage Co., 146 id. 588.) Jenks, P. J., Burr, Thomas, Stapleton and Putnam, JJ., concurred.