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CHANLER v. LYONS

23 Misc.2d 460 (1960)

Herman Chanler, Plaintiff, v. Albert Lyons et al., Defendants.

Supreme Court, Special Term, Kings County.

March 11, 1960.

Attorney(s) appearing for the Case

Norman M. Sheresky for plaintiff.

Barry, Treanor, Shandell & Brophy for Albert Lyons and others, defendants.

Garbarini & Kroll for Mt. Sinai Hospital, defendant.

Martin, Clearwater & Bell for Ginsburg & Epstein, defendants.

Seymour Schwartz for Jonah Kosovsky, defendant.

WALTER R. HART, J.

Plaintiff moves for a discontinuance, without prejudice, of this action in malpractice pending in Queens County. In his moving affidavit plaintiff frankly states that it is his intention to commence a new action in New York County. He states further that the instant action was originally brought in Queens County where he resides, instead of New York County, since he was erroneously under the...

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