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Iannitti v. Broccolo

154 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1915-05-19 English

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p. 1127
IANNITTI, Appellant, v. BROCCOLO, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
May 19, 1915.)

Headnote

Action by Rocco Iannitti, as administrator, etc., against Lorenzo Broccolo.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, without prejudice to a renewal of the motion upon proper papers. Held that the moving affidavits are not sufficient to authorize the order changing the venue for the convenience of witnesses, for the reason that they do not show that the persons named as witnesses, or any of them, will testify to any fact material to the issue.