
    Michael F. Humphries, Respondent, v. Abraham S. Gilbert, Appellant.
    Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, changing the place of trial from Richmond county to New York county. The plaintiff, a resident of Richmond county, sues on a cause of action for malpractice, assigned to him by a resident of New Jersey. The cause of action arose in New York county, where defendant resides. The convenience of witnesses will be promoted in some small degree by changing the place of trial to New York county, for no witness resides in Richmond county. Under these circumstances the controlling consideration is that the cause of action arose in New York county. (Rule 48, General Rules of Practice.)
   Jenks, P. J., Thomas, Rich, Putnam and Blackmar, JJ., concurred.  