Order reversed on the law and facts, with $10 costs and disbursements, and motion granted, with $10 costs.
Memorandum:
We feel that the denying of the motion was an erroneous exercise of the Special Term's discretion. There can be no doubt that the cause of action arose within the county of New York. All of the unlawful acts and misdeeds alleged in the complaint took place within New York County. The assets of the deceased's estate upon which a trust is sought...
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