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SCOTT v. VAN PATTEN

278 A.D. 1038 (1951)

Frank I. Scott, Respondent, v. Leland Van Patten, Appellant. (Action No. 1.) Leland Van Patten, Appellant, v. Frank I. Scott, Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 19, 1951.

We think the discretion of the court below was improvidently exercised. Undoubtedly the actions should be consolidated, but the defendant in Action No. 1 has produced overwhelming proof of the convenience of material and necessary witnesses who reside in the County of Cortland. The order is modified by reversing that portion which denied the defendant's motion in Action No. 1 to change the place of trial from Sullivan County to Cortland...

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