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O'NEILL v. KOHLS

12 A.D.2d 888 (1961)

Francis E. O'Neill, Appellant, v. James Kohls, as Executor of Leon W. Kohls, Deceased, Respondent

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

January 12, 1961

Order unanimously modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party.

Memorandum:

The cause of action arose in Genesee County and despite technical defects in the papers, we think it is sufficiently shown that the convenience of witnesses will be promoted by changing the place of trial from Monroe County to Genesee County. (See Wilson v. Orser, 243 App. Div. 855.) The order should be modified...

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