O'Neill v. Kohls (12 A.D.2d 888, 1961)

Order unanimously modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party. Memorandum: The cause of action arose in Genesee County and despite technical defects in the papers, we think it is sufficiently shown that the convenience of witnesses will be promoted by changing the place of trial from Monroe County to Genesee County. (See Wilson v. Orser, 243 App. Div. 855.) The order should be modified by striking out the two ordering paragraphs thereof and substituting in place thereof the following: “ Ordered that the first and second above entitled actions be removed from the Supreme Court, Monroe County, and joined for trial with the third above entitled action in Genesee County.” (Appeal from order of Monroe Special Term granting defendant’s motion to change the place of trial from Genesee County to Monroe County, and denying motion to join the first action with the second and third, without prejudice to renew.) Present—-Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ