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TERRY COLLINS v. HENRY B. FRYE ET AL. (06/28/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT 1968.NY.42384 <http://www.versuslaw.com>; 292 N.Y.S.2d 622; 30 A.D.2d 755 June 28, 1968 TERRY COLLINS, BY CLINTON COLLINS, HIS GUARDIAN AD LITEM, PLAINTIFF,v.HENRY B. FRYE ET AL., DEFENDANTS. (ACTION NO. 1.); ROBERT FLEISHER, APPELLANT, V. CLIFFORD TUTTLE ET AL., RESPONDENTS, ET AL., DEFENDANTS. (ACTION NO. 2.) Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.


Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

Memorandum by the Court. Considering all relevant factors in this case, it is our opinion that the venue should be laid in Westchester County.

Disposition

Order modified, on the law and the facts, and in the exercise of discretion, so as to direct trial of the consolidated action in Westchester County and, as so modified, affirmed, without costs.

19680628

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