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KIRK v. CANBOWL CTRS.

34 Misc.2d 959 (1962)

William V. Kirk, Jr., et al., Plaintiffs, v. Canbowl Centers Limited et al., Defendants.

Supreme Court, Special Term, Monroe County.

June 28, 1962

Attorney(s) appearing for the Case

Yanowitch & Frank (Bernard A. Frank of counsel), for defendants. Cohn, Elovich, Levin & Kaufman (Jerome Katz of counsel), for plaintiffs.

CLARENCE J. HENRY, J.

Venue for the underlying action herein (breach of contract) has been laid in New York County.

Coincident with service of the answer, defendants served a demand, under rule 146 of the Rules of Civil Practice for a change of venue to Monroe County on the stated grounds that the latter county was the proper county and that the convenience of witnesses and the ends of justice would...

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