Opinion
December, 1905.
Order reversed, with ten dollars costs and disbursements, on the ground that the trial justice had no power on his own motion to change the venue after a motion for the same relief had been denied at Special Term. (See, also, Phillips v. Tietjen, 108 App. Div. 9; 95 N.Y. Supp. 469.) Hirschberg, P.J., Bartlett, Woodward, Jenks and Rich, JJ., concurred.