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Kotz v. United States Fire Insurance

270 A.D. 1029 Court N.Y. App. Div. Decision date 1946-06-17 English

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p. 1029
Eileen C. Kotz, Respondent, v. United States Fire Insurance Company of New York, Appellant.

In an action to recover under a policy of fire insurance, order denying defendant’s motion, under subdivision 3 of section 187 of the Civil Practice Act, to change the place of trial from Kings County to Westchester County, reversed, with $10 costs and disbursements, and the motion granted. It appears that the convenience of material witnesses, some thirteen in number, and the ends of justice, will be promoted by the change. Lewis, P. J., Hagarty, Johnston, Adel and Nolan, JJ., concur.