Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion to change the place of trial from Kings county to New York county denied, with ten dollars costs. The record clearly shows that defendant was a resident of Kings county at the time the action was instituted. Lazansky, P. J., Rich, Carswell and Scudder, JJ., concur; Kapper, J., dissents and votes to affirm.