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WEBER v. LACEY

281 A.D. 290 (1953)

Julia M. Weber, Respondent, v. Ilbert O. Lacey et al., Defendants, and City of Lockport, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 4, 1953.

Attorney(s) appearing for the Case

Ogden R. Brown for appellant.

Richard B. Congdon and G. Sydney Shane for respondent.

Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and WHEELER, JJ.

VAUGHAN, J.

The question before the Special Term was whether the court, under the provisions of subdivision 3 of section 187 of the Civil Practice Act, which authorizes a court to change the place of trial "Where the convenience of material witnesses and the ends of justice will be promoted by the change", can override what appears to be the mandatory provisions of section 182-a of the Civil Practice Act, providing...

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