Lang v. Schmelzle (259 A.D. 789, 1940)

Order reversed, with ten dollars costs and disbursements, and motion granted, without costs, on the authority of Scusa v. Hoefler (258 App. Div. 1036), decided January 12, 1940. All concur, except Cunningham, J., who dissents and votes for affirmance. (The order denies defendants’ motion to change the place of trial.) Present —■ Crosby, P. J., Cunningham, Dowling, Harris and McCum, JJ.