Opinion
January 12, 1961
Appeal from the Erie Special Term.
Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.
Order unanimously reversed, without costs of this appeal to either party, and motion granted, without costs. Memorandum: Plaintiff having failed to make a proper showing to retain venue in Erie County pursuant to section 187 of the Civil Practice Act, we conclude that section 242 Second Class Cities of the Second Class Cities Law is here controlling and the place of trial should be changed to Oneida County.