Opinion
May 31, 1949.
In an action to recover damages for false arrest and malicious prosecution, order denying defendant's motion to change the place of trial from Kings County to Chautauqua County reversed, with $10 costs and disbursements, and the motion granted. The proposed witnesses are law enforcement officials, and it appears that not only their convenience will be served but that the ends of justice will be promoted by designating as the place of trial the county where the cause of action arose. Carswell, Acting P.J., Johnston, Adel and Sneed, JJ., concur; Wenzel, J., dissents and votes to affirm. [See post, p. 962.]