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McCOMB v. HILTON HEIGHTS APARTMENTS, INC.

43 A.D.2d 972 (1974)

Henry G. McComb et al., Respondents, v. Hilton Heights Apartments, Inc., et al., Appellants, et al., Defendants

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

February 19, 1974

Order reversed insofar as appealed from, with $20 costs and disbursements, and said branch of the motion granted.

The number of material and necessary witnesses in Monroe County clearly outnumber those in Kings County and it would serve the convenience of the preponderance of the witnesses to change the venue to Monroe County (CPLR 510, subd. 3). (See Slavin v. Whispell, 5 A.D.2d 296; Cole v. Ocean Acc. & Guar. Corp...

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