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EDWARD C. WARNER, Respondent, v. HEIMERL TRUCKING CORPORATION et al., Appellants.

Order reversed on the facts and as a matter of discretion, without costs of this appeal to any party, and defendants' motion to change the place of trial from Onondaga County to Genesee County granted, without costs. Memorandum: While plaintiff resides in Onondaga County, the convenience of witnesses will be best served by changing the place of trial to Genesee County where the accident occurred and the majority of witnesses reside. (See Jones v. Marchese, 274 App. Div. 1089; Levine v. Steele, 271 App. Div. 863, and Sumberg v. Artistic Furniture Co. of Detroit, Mich., 247 App. Div. 862.) All concur. (The order appealed from denies defendants' motion to change the place of trial from Onondaga County to Genesee County.)

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WARNER v. HEIMERL TRUCKING CORPORATION
(Mar 15, 1950)