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DAVID BAYER v. RONALD D. ROEFS (04/14/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


April 14, 1969

DAVID BAYER, APPELLANT,
v.
RONALD D. ROEFS, RESPONDENT

Appeal by plaintiff from an order of the Supreme Court, Kings County, entered May 21, 1968, which granted defendant's motion to change the place of trial of the action from Kings County to Rockland County.

Christ, Acting P. J., Brennan, Hopkins, Benjamin and Martuscello, JJ., concur.

The interests of justice require that, with the changing of the place of trial to Rockland County in this case, the trial preference herein granted should have been accorded.

Disposition

Order modified, on the law and the facts, by adding a provision thereto that the action be placed on the June Term 1969 Calendar of the Supreme Court, Rockland County, as a preferred cause for trial, upon service by either of the parties of a copy of the order to be made hereon on the Clerk of the Supreme Court, Rockland County. As so modified, order affirmed, without costs.

19690414

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