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LEVINE v. CITY OF PORT JERVIS

15 Misc.2d 574 (1958)

Seymour Levine et al., Plaintiffs, v. City of Port Jervis et al., Defendants.

Supreme Court, Special Term, New York County.

December 16, 1958.

Attorney(s) appearing for the Case

MacIntyre, Burke & Downey (John V. Downey of counsel), and William P. Gregg, Corporation Counsel, for defendants.

M. Benjamin Baron for plaintiffs.

ARON STEUER, J.

Defendants move for a change of venue to Orange County. As one of the defendants is a city in Orange County and the others are police officers of that city, the right to transfer the case is absolute (Civ. Prac. Act, § 182-a).

Plaintiffs, however, cross-move to retain the venue here on the grounds that a fair trial cannot be had in Orange County and that the convenience of witnesses...

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