BAGAN v. FRITZ

Since one of the defendants is the City of Schenectady the proper place of trial in the first instance was Schenectady county (Civ. Prac. Act, § 182-a). Whether this section must yield to the convenience of witnesses we do not need to determine on this appeal. Plaintiff has failed to advance sufficient facts to require a reversal of the discretionary order of the Special Term so far as the convenience of witnesses is concerned. Order unanimously affirmed, with $10 costs and disbursements.