BERNSTEIN v. McKANE


3 A.D.2d 764 (1957)

Sylvia Bernstein et al., Respondents, v. Marion E. McKane, Defendant, and Beverly Swartwood, Appellant

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

March 25, 1957


Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.

The moving affidavits sufficiently establish that the testimony of two presumably disinterested witnesses, residents of Cayuga County, would be material and necessary to the defense of the action. In opposition, respondents claim that the convenience of their witnesses requires that the action be retained in Kings County. One of those witnesses...

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