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FALLER v. DESSARRO

12 A.D.2d 889 (1961)

Charles J. Faller, Respondent, v. Frank Dessarro et al., Defendants, and City of Utica, Appellant

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

January 12, 1961

Order unanimously reversed, without costs of this appeal to either party, and motion granted, without costs.

Memorandum:

Plaintiff having failed to make a proper showing to retain venue in Erie County pursuant to section 187 of the Civil Practice Act, we conclude that section 242 of the Second Class Cities Law is here controlling and the place of trial should be changed to...

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