Order denying defendant's motion for a change of venue from Queens County to Sullivan County reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Eliminating from consideration the witnesses who are defendant's employees, members of plaintiff's immediate family and those witnesses who are nonresidents, there is no preponderance of witnesses for either party and, under such circumstances, the controlling factor is that the cause of action arose in Sullivan County. ( Gruber v. Alpert, 257 App. Div. 1007, and cases cited.) Carswell, Johnston, Adel, Taylor and Lewis, JJ., concur.