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HAZEL THATCHER, Appellant, v. WILLIAM E. KITZING, Respondent.

Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Defendant moved for a change of venue from Rockland county to Monroe county on the ground of convenience of witnesses. Such relief, to which the defendant is not entitled as a matter of right, should be denied where the motion was not made for more than fourteen months after issue was joined. ( Ferm v. N.Y., O. W. Ry. Co., 112 App. Div. 920; Assets Collecting Co. v. Equitable Trust Co., 168 id. 145; Becker v. Town of Cherry Creek, 77 Hun, 11; Hoffman v. Sparling, 12 id. 83; Case v. Baldwin, 236 App. Div. 771.) Young, Hagarty, Carswell, Scudder and Davis, JJ., concur.

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THATCHER v. KITZING
(Jun 1, 1934)