Schwartz v. Schwartz — 274 A.D. 1082

Majority

p. 1082

Morris Schwartz, Respondent, v. Y. Schwartz, Doing Business under the Name of “ Maple Avenue Farms ”, Appellant.

Appeal from an order of the Special Term, Madison County, dated December 6, 1947, denying a motion by defendant to change the place of trial from Cortland County to Madison County. The affidavits presented indicate that the plaintiff maintained two residences one of which is situate in Cortland County, where the action was brought. Order unanimously affirmed, with $10 costs and disbursements. Present — Foster, P. J., Heffernan, Brewster, Deyo and Bergan, JJ.