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Full opinion text

Order reversed, with ten dollars costs and disbursements, on the ground that the trial justice had no power on his own motion to change the venue after a motion for the same relief had been denied at Special Term. (See, 'also, Phillips v. Tietjen, 108 App. Div. 9; 95 N. Y. Supp. 469.) Hirschberg, P. J., Bartlett, Woodward, Jenks and Rich, JJ., concurred.