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FRINZ v. SANDELLS

7 A.D.2d 854 (1959)

Margaret Frinz et al., Respondents, v. Frank N. Sandells et al., Appellants

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

January 12, 1959

Order affirmed, without costs.

No opinion.

Murphy and Ughetta, JJ., dissent and vote to reverse the order and to grant the motion, with the following memorandum:

A transitory cause should be tried in the county in which it arose. The accident occurred in Otsego County. The stairway on which it occurred is there available for inspection. The witnesses to its condition live in Otsego County. The aged and infirm appellants are there. Also in Otsego County...

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